Refractoria Disputatio: OR, The Thwarting Conference, IN A DISCOURSE, BETWEEN Thraso, One of the late King's Colonels. Neutralis, A sojourner in the City. Prelaticus, A Chaplain to the late King. Patriotus, A well-willer to the Parliament. All of them differently affected, and disputing on the subjects inserted after the Epistle, on the dissolution of the late PARLIAMENT, and other changes of STATE. Poru. 12. 15. The way of a fool is right in his own eyes, but he that hearkneth unto counsel is wise. The wise man forseeth the evil to come, and preventeth it, Eccles. LONDON, Printed by Robert White, and are to be sold by Thomas Brewster at the three Bibles in Paul's Churchyard 1654. To the intelligent Reader, whether Royalist, Malignant, or howsoever affected. Gentlemen, IT is a facete observation of * Mou●tague in his Essays. a Person of honour, that a diligent Reader may apprehend more than the Author himself ever meant or intended; If then it shall be either thy fortune or neglect in reading this Thwarting Conserence, to understand less than is intended for the general instruction, that's the Readers fault none of the Authors; If so much as is presented for the rectification of particular men's judgements (doubtful of their own principles) and unsettled in their minds; here is that which (if they be aforehand not infatuated) will compose their distractions; out of the whole, the Reader may recollect his memory in some particulars of State as haply are either forgotten or unknown unto him, and so he may take a review of things past as they were carried on in their various and mystical traverses of Court, and thence to foresee what may be the event of the late miraculous change of Government. If on thy first view of the Title, thou findest any itching desire to know the scope and whereat the Discourse aims (as all novelties provoke appetite) take this in the way of an advertisement, that here are vetera, vera, novaque intermixta, old, true, and new passages, cursorily presented in an interlocutory Conference; then look over to the next page, and haply the Contents may set a new edge on thy desires; then read all or none; and not unlikely thou mayst go very near henceforth to know how to order thyself to the best advantage under the present powers, and therewith judge of the universal destiny of the Nation, should it revert into Monarchy; and on casting up of thy account, take these following Animadversions into thy more serious consideration; first, with what labour, travel, care, and vexation of spirit, the two late Kings even from the very Ingress to their Crowns, to the period of their days, prepared the way to their own ruins, by pursuing their ambitious designs of heightening their Sovereignty's above and beyond the bounds and limits thereof; whereas with much honour, love, loyalty, content, and profit to themselves, peace, pleasure, security, and tranquillity to their Subjects, they might have spent those their vexatious days in the full fruition of all worldly happiness; But intoxicated with those restless desires of greatness and of ambition, to climb above the right end and orb of Government, and inflamed with those over-high heats of strengthening themselves with that frail support of the arm of flesh, verified in that their long continued and chargeable negotiations, to contract Alliances, and intermarriages with Spain and France, Families of contrary and Idolatrous Religions (aspirations) which were never yet prosperous to Princes, professing (as they pretended) the purity of Religion without intetmixtures; what Apologies and Defences have been made either by themselves (living) or by others surviving and exposed to the world, in vindication of their actions and too too manifest errors, are no other than the superfluity and fineness of men's wits, biased without judgement to discern between truth and falsehood, the infallible testimonies of humane frailty and the Devils juggle, only to deceive the common belief, whereas truth is still the same, and will one day clearly appear and discover those dark traces and ambages of the greatest Masters of Art and Policy, though for a time they may be enveloped and hidden from the sight of the Vulgar, and happily predominate on the credulity of too many that think themselves wise above the ordinary sort; yet at length they must be unmasked and laid open to the World's view; for magna est veritas, etc. and it cannot be resisted. 'Tis most true, they were: Princes of great parts and endowments, though now in another World, whether we must all follow to render an account of our Stewardships; howsoever without prejudice to their memories, both for our own and the instruction of posterity, we may take into observation what they were living, and what instruments they made use of for carrying on their ambitious Designs, to their own dishonour, the blemish of their fames, the disturbance of their domestic peace, the public tranquillity, and of that secure settlement which the old King found here in a most perfect establishment on the decease of that unparallelled Princess Elizabeth; and as to the late most unfortunate King to the destruction of three flourishing Kingdoms, himself, his Posterity, the Royalty, and the ruin of many of the Nobility, Gentry, and Commons of England, Scotland and Ireland. In the next Scene, we may take a short view of that remarkable fate which befell the Authors, Promoters, Incendiaries, and principal Workmasters, both Ecclesiastical and Civil, both before and throughout the whole managery of the late prodigious War, and work of darkness to their own ruin, as a just reward to such as in assistance and advance of a lawless and unlimited Sovereignty, most unnaturally and treacheously steered in the Regal course of attaining, and well-nigh to the accomplishing of more absolute power over the three Nations, than ever was attempted on the Theatre of this Kingdom; whence we may learn and set up our rests on these infallible Aphorisms, that Consilium malum consultoribus pessimum. evil counsel is most inauspicious to the Counsellors themselves; and on that other which by lamentable experience we have found most true, Quicquid delirant Reges, plectuntur Achivi: whatsoever Kings project, the poor innocent people must suffer for all and for their faults. Gentlemen, to come a little nearer unto you, and more openly to explain myself; you have in the following Discourse, not only a part of the old case between King and Parliament cursorily disputed, but what the issue (in all probability) will be, in case the Scotch King cometh in by the sword, with the fearful consequences thereof, both in relation to yourselves and the universal people; ye may by the way remember what work the late King made in all parts of the Land wheresoever his Armies and Garrisons were, how many Counties he made the constant seats of a furious and bloody War; how long he continued to imbrue the land with innocent blood even to desolation; in how many places the poor Inhabitants had neither bread left them to eat, nor houses wherein to put their heads; and that had his power been answerable to his will, how much worse it would have been with the whole Nation, had the Danes, French, Lorra●nres, Scots, and Irish came to his Assistance; all which how earnestly he solicited their coming over, his own Instructions to Cockrans, his Letters to the Queen, Montross and Ormond, sufficiently declare; Yet there are of you that d●re publicly say, that you are not ashamed to own his cause, and disown the Parliaments, which is no good sign of your eternal being, when you are known to glory in evil, and stand fixed in the defence of him, and a cause that was most unjust in the beginning, bloody (beyond example) throughout the whole managery, tragical in the end to himself, loss of honour, estate, and fortunes of most that sided with him; and should the Scotch Pretender come in, how much worse and more oppressive and more bloody it must be, I leave to your own consideration. For a close, I wish you all better to bethink yourselves, and take this into your more serious thoughts of the wisest of men; He that justifieth the wicked, and condemneth the just, even they both are abomination to the Lord, Prov. 17. 15. Then as you please, read on, and haply you may find somewhat that will terrify your consciences, or rectify your judgements in your erroneous principles, and turn the torrent of your depraved affections to a hearty compliance with the present Powers, as they are set over us by the hand of the Almighty, which doubtless, is the best and safest course you can take for your future happiness; Which that you may enjoy, are the hearty wishes of an unknown yet your unfeigned friend The principal Contents of the following Discourse. 1. OF the necessity of continuing the Contributions on the people, with the Reasons thereof. 2. Of the hopes wherewith Royalists flatter themselves in mending their fortunes, by bringing in the Scotch Pretender. 3. Of the State's Power, and strength for upholding the present Government. 4. Of the difficulties which attend the Scotch Kings coming in, being to invade by Sea. 5. Of the parallel between the Hollanders case and this of the States here in their first establishment. 6. Of the miserable condition that of necessity must befall this Nation, especially the City of London, in case the Scotch King comes in by the sword, with the consequences of changing the Laws, and constitutions of the old Sovereignty. 7. Of King James his plot, for abating the power of Parliaments, and improvement of the Sovereignty, by disowning them, furthered by the Bishops, and pursued by the late King. 8. Of the necessitated Reasons that induced the Parliament to cut off the late King, and to exclude his Posterity. 9 Whether the present establishment in the nature of a Republic, accompanied with the Taxes imposed on on the people, will not be more safe and less chargeable to them, th●n t●e admittance of the Scotch Pretender to the Regal Government. 10. Of the grand objection of Royalists, that the late Parliament was not a legal Representative of the people, after it was lamed, lessened by want of the King, the Lords, Prelates, and major part of the Commons excluded; Answered. 11. That the Parliaments after the coming of the Norman, the Witengagoment● of the Saxons, and those magna Consilia of the old Britain's, were not always of one form, but one and the same in substance. 12. Of the various alterations and changes of Governments throughout all Ages of the World, and that all Powers had their original by the sword, which once obtained, Whether by right or wrong, aught to be obeyed submitted unto, as the Ordinance of God. Refractoria Disputatio: OR, The Thawrting Conference. Thraso. GEntlemen, you are all well met; I perceive you are as good as your words; but now Signior Patriotus, tell me what is become of your late piece of a Parliament; have they not enacted hand somely to Act themselves out of their usurped powers, by their injustice and self ends, without any respect either to the public good, or any poor man's private interest? hath not God in his justice dealt with them, as they did with the late innocent King, and all of us of his servant's? Tell me I beseech you what will be the issue of this inter-meddly of Government, and whether in the end, confusion will not necessarily follow these strange mutations, and account taken of them for their extortions, and corrupt demeanours towards the whole Nation? Patriotus. I find you are still in your old ●one; but as in our last conference and elsewhere, I have often told you, so now, I shall not take upon me to justify every of their actions; for they are men made up and composed of flesh and blood, subject to sin and error; and that the same God who gave them the power they have had, would as soon divest them of it, as (beyond all expectation) he bequeathed it unto them, in case they carried not themselves with an upright heart; As to those your Prophetical issues to follow in confusion, and of after-reckoning, may it befall them that deserve it; for my hope it, and I doubt not, but that Almighty God i● his providence, on this great change of affairs, hath another manner of work in hand then lies within your kenning to discern, and will raise us up such Governors as shall set strait all obliquities, both in the Church and State, to his own glory and the comfort of all good men; therefore let me advise y●u, not to be too rash in your censure, on that whereof you are not able to judge, neither descant on his judgements, which are inscrutable and past your finding out. N●us. But Patriotus, I remember at our last conference, you also were pleased to vent yourself in the way of predictions, intimating that we must expect worse calamities than heretofore we have endured, which as you then supposed, would of necessity befall the universal Nation, not only in the continuation of the Contributions and Taxes imposed on the people, but in other grievous afflictions, which I profess have ever since very much troubled my cogitations; for God knows we have all suffered too much already, and more than the ability of poor people can longer endure; though I confess, for any thing I can as yet discern out of the motions of the State, the Contributions must of necessity be continued, if not increased, for maintenance of their Armies both by Land and Sea, and not unlikely will be long lived, and continued for a Prenticeship, haply of seven years' endurance. Patri. Yes, Neutralis, and longer than you imagine; for considering the work the States at present have in hand, within our in-works, to suppress the malignant Party; and in our outworks, for defending the Dominion of our Seas, against the invading and ingrateful Hollander; we The necessity of the continuation of the Contributions of the people. cannot in any reason expect any cessation or remission of our Taxes, but that constanrly they will be continued, if not increased; and of this we have a precedent in the change of the Government in the Nether-Lands; where, on their revolt from the Spaniard, the States were enforced to raise their Excise on all things which the Natives did eat or drink, and to impose Customs on all sorts of Merchandise, either imported or exported; without which, they could never have been enabled to pay their Armies, and to wage war with so potent a Prince as the King of Spain, and that for 80 years' endurance at least; which shows out unto us what we are to expect, even a continuation of our Taxes, and well it would be if we escape so. Prela. It's a fine liberty and freedom then, that the late Parliament and your reformers have procured to the Nation; and indeed Patriotus, I am of your opinion, that the States here (as you style them) must of necessity continue, if not increase the Contributions, when as all the King's Lands and goods, the Bishops and Delinquents Estates are sold and spent, and when the King comes in to multiply their charge, and enforce them for payment of their Armies, to take any thing (as often they have done) wheresoever the Soldier can find it; there being but one only way left us to preserve the Nation from utter ruin and a final destruction. Neut. I beseech you Doctor, what one way is that? I shall be very thankful unto you to show me that learning, that so we may see an end of our miseries, and that such as myself (who never bore Arms on either side, neither had a hand in shedding of one drop of blood) might come at length to know the uttermost of our pain, and enjoy our wont tranquillity. Prel. In brief Neutralis, 'tis the admission of the King to his Royal Rights; for without a King, and the restitution of the Crown-Lands, and the Church's Patrimony, never expect an end of our calamities, but an everlasting war, with the continuation of the Taxes, and oppressions of the poor people, so long as those innocent Princes of the Royal Line are unjustly kept out of their Inheritance; the example whereof we may see in Holland, very judiciously even now instanced by Patriotus, to whose judgement I appeal, as the readiest and surest remedy to cure the convulsions of the Land, and to settle peace throughout the three Nations, which otherwise is impossible to accomplish. Patri. Doctor, give me leave to descent from your Opinion, and in the first place, to remember you of that wherewith even now you and the Colonel taxed the Parliament with, the oppressions of the people, wherein you over-shoot the mark without looking to the original causes and the reasons which have enforced the States to impose those payments on the Natives, which are necessitated for keeping the poor people from farther bloodshed and oppression: 'Tis in part true, that in case the King of Scots could be as readily admitted as you speak it, and in a peaceable and safe way for the Nation, both in respect of the present and future security, it might haply conduce somewhat toward a present settelment of affairs for a time, which would not be either long or lasting, but never disburden us of our payments; for as the case now stands, on admission of any one of the late King's Lineage, he would doubtless on all opportunities have an animum revertendi, a mind to the old way, viz. to rule at will and pleasure, (an ambition inseparably united to the Sceptres of all Kings, especially to these which claim successively and the jure Coronae;) so that in a short time, we should be in statu quo priùs enforced to fight over again & again the old quarrel fo● preservation of the common Liberty; Therefore I beseech you Doctor, consider well of the present condition wherein we are, together with the settled resolution of the State here in being, which have not only taken away the late King's life, as the only remedy left them to settle a firm peace; but farther have resolved to exclude his Posterity, a● not holding the Father's blood either a sufficient expiation for the infinity of blood spilt throughout the three Nations, or the Royalties and Possessions of the Crown, neither the Lands of the Bishops (which without all question were the grand sticklers and promoters of all our late concussions) a competent amends for the injuries and losses suffered by the three Nations, but in detestation of Kingly Government (whence through all Ages hath proceeded such numberless oppressions and embroilments) never to admit of any more Kings; besides, you may take it in the way, what an essay the States have already made for the settlement o● an Aristocratical Government, in im●●acion of the Romans, af●er their cutting of Tarquin us and his Posterity for Tyranny; an● a● of later days▪ the States of Holland have done, and prosperously accomphshed; I appeal to your own judgement, (whether the King of Scots coming in by source of Arms or not at all) w●ll The destructive consequence of the Sco●ch Kings coming in by the sword. not plunge the Nation into an irreparable condition? yea, into ten degrees worse than at present we are in? and that of necessity i● must be so, and can be no other; please you to have patience, I shall render you many infallible reasons, and such as I believe cannot be gainsaid; besides, 'tis well known, that the present Pretender is affected, haply infected with his Father's principles of absolute Sovereignty, which will never suit with the genius of the States here in being, which have the staff in their hands, with the Powers and strengths of all the Land at their only command, and for aught I can perceive, are both able & intentive to uphold the present Government, and so to establish it, that in man's reason its impossible to divest them otherwise then by a stronger power, which I believe lies not within the Scotch Kings reach to compass. Prel. Doubt not you of that; for the King is not so destitute of friends and means to accomplish his designs as you imagine; neither am I of your opinion that the Kings coming in will make our condition worse than now it is; for worse it cannot be; but on the contrary, he will out of his innate goodness and compassion towards the poor oppressed people, relieve them in what possibly he may, and that by an act of Oblivion, all old grudges with the late dissensions shall be coffined up and forgotten, in his gracious and general pardon to all parties; And I am clearly of opinion that there can be no safer and readier way to compose all feuds and differences to ease the people of their Contributions, and re-establish an everlasting peace throughout the three Nations, than the acceptance of his Majesty to be our King, as of right he ought to be, and as I doubt not ere long he shall be in spite of all his enemies. Patri. Doctor, I beseech you, let us reason this case amongst ourselves in moderation, and with patience, and let the first Quere be whether the State's Government, as 'tis now settled, or shortly may be, with our present Contributions for payment of their Armies, will not be more safe and easy for the people, than the Scotch Pretenders coming in by force of Arms to assume the Kingly Government; Since, by a peaceable and conditional way, I suppose, he will never be admitted; So that Doctor, without all question he hath no choice left him, but that of the sword, and then judge you of the issue, and into what a lamentable condition the poor Natives will necessarily be reduced, when the right of the crown comes again to be disputed on English ground, the king (as you would have him) being personally present; And after this Quere, Let us compute the hopes, helps, strengths, and assistances, whereon both parties may depend for support of each others cause; For one battle either by Sea or Land, happily will not determine the controversy, as 'twas conceived by some, that one battle (as that at Edghill) in the beginning of the late wars would decide the business, which proved to be like the pullulation of the Monster Hidra's head, which begot others in infinitum, and when the late King was in person in the head of his A●my. Of the hopes, assistances and Forces which the Scotch King may have to recover the Kingly Government, compared with the strengths the States have to maintain the present Government, argued on all hands. I say then, Let us make an estimate of the forces and assistances of each party; which on a due examination, and on consideration of that which must necessarily follow, when at once (as we may conjecture) two, four, or happily six several Armies may be in the field, will be so far from easing, or d●sburchening of the people, that what by free Quartering, and enforcing of contributions by one or the other party, that the Natives will curse the time that ever your King came amongst them. Now Gentlemen, do one of you tell me, what Forces and Assistances (as you conceive) the King may have or presume upon; for I believe he will come short of his expectation in receiving any considerable Assistance, either from the Scotch, or Irish, and then I will tell you, that which all men and yourselves do know to be most true, what the States here have, and may have, as well in their present power by Sea and Land, as by their Politic managery, in fastening friends unto them, whereby to make good the present establishment: Colonel, You being a Soldier, and (not unlikely) having better Intelligence, from abroad, than any of us, what preparations the Scots King hath in foreign parts, what friends at home and elsewhere, begin you if you please, and I will rejoin. Thraso. With all my heart; In the first place I'll assure you, that since the death of the late King my Royal Master, his Majesty that now is, whom the States here would exclude, hath ten friends for one, more than he had before, thoughout the three Kingdoms; so much your States have gotten by the bargains in Martyring their King: neither ought you to believe, but that the King hath both in Scotland, and Ireland, a very considerable party that will join with him as soon as he arrives, and not a few even in the City of London, which expect a good time, though they lie still and quiet; however the King hath their hearts, and will have their hands on all fitting occasions; Besides, He hath at his devotion all the Catholics, and most of the Clergy of England, with all the Lords, so lately and Injuriously thrust out of their house, together with the better part of the Members of the Commons house, pul●ed out by the ears, by the Independent Souldery, all which refused to take the Engagement, and when time serves will appear in Arms for him, besides all the The Scotch Pretenders hopes in assistance for recovery of the Crown, summed up. old Royal party Banished the Realm for their fidelity to their old Master: Thus much for the aids and assistances his Majesty may rely on from his own Subjects; And as to his foreign assistance, you may rest assured that all the Princes through Christendom (when the time serves) will engage for him, since it stands them upon so to do; Neither may you doubt but that all the Princes, his near Kinsmen, and Allies will furnish him plentifully with all sorts of Ammunition, and the Hollanders with shipping, so soon as they have mastered the Seas, and made all things ready for an Invasion; for believe it as an evident truth, that in the present quarrel by Sea between them and this State, the King's Interest is involved, and will be pursued, notwithstanding their late brush which they reckon not of, neither of a few inconsiderable Ships, they having enough of others to recrute in a trice; so that you may evidently see, that as soon as time serves, the King cannot want men: and for money, good Swords and Pistols will fetch it in with a vengeance; Whence you may discern what an unwieldy task the late piece of a Parliament, and these new sprang-up States have undertaken, and what will necessarily befall them, through their own divisions & when the King appears in power, (as of that you may be sure, he will sooner than you think on) than you shall see a world of the Parliaments friends to fall from them, & for their own sakes will fight for him; and probable it is, that a good number of the States Soldiers, now in their pay, on his Majesty's landing (with another manner of equipage then all of you are ware of) will run from them to him, with all their hearts as their indubitable Lord & Sovereign. Partri. Colonel, you have indeed succinctly summed up what Forces (as you surmise) the King may have and expect both at home and from abroad: wherein you are very much mistaken, and do reckon without your host; you speak rather what you would have, then in reason what the King can have: still discovering your malignant heart, and flattering yourself (as most of your party use to do) with vain and imaginary hopes, not considering how the late King, notwithstanding all his wiles and attifices, failed in all his designs and practices, and at last, brought himself and his friends to utter ruin, to the great detriment and desolation of three Kingdoms, still soothing up himself with the goodness of his cause (which was as bad as bad might be) to the last gasp; neither take you the least notice of God's providence in the disposure of this wonderful work and change of Affairs, neither the continued series of the many mitaculous Victories which it hath pleased God to give to the States Armies, wherein the very hand of the Almighty is most perspicuous to all good men; but to you and your complices hidden and unseen, even to obduracy and hardening of your hearts. The heathen Poet methinks should teach you, Quos u●lt perder● Jupiter dementat, whom God intends to destroy, he blinds and hardens them as he did Pharaoh. But Colonel; I beseech you, on your better consideration, tell me what assistance can the Princes the King's kindred afford him, were they able and willing to aid him? and in what Region are they, and The State's power and strengths at present. in what Climate we? are we not both severed by the vast Ocean? I shall tell you a story, and of one of the greatest Princes Christian of his time, even the Emperor Charles the Fifth, who on a defiance sent him by Henry the Eighth, made this Answer to the Herald, Tell my Uncle from me, he talks big, and like the Fox in h●● burrow when he knows himself in safety, so your Master environed with the Sea, but were he on the Continent, happily than he might be talked withal on better terms than he sends ●e: You may gue●s at the application. What hurt I pray can the Kings of France, Spain, Portugal, Denmark, Sweden, with other the Princes of Germany do to this State (in humane judgement) as 'tis an Island environed with the vast Ocean, provided with all Instruments and Abiliments of War both by Sea & Land● could their own domestic wars, jealousies, and differences give them leave to attempt against this State: Which without doubt is backed by the power of Heaven, had you the grace to see it, & therewith to call to mind in what strength the late King was but 1645, and of how many strong Garrisons posseft, and what Armies, (almost) in every County of the Land; how many of the Nobility & prime Gentry in every Province at his devotion, how powerful in Scotland and Ireland? and yet within 15 Months beaten in all places, his many Garrisons and himself taken. Look upon the attempts of his Son, whom all of you so much adore and desire, that he would pursue his obstinate Father's quarrel to the further destruction of the Natives; look upon the Scots beaten under Hambleton with the whole Nation, by the now Lord General Cromwell; and Ireland likewise reduced by him, and the King himsef with his powerful Army beaten to flitters at Worcester; the Hollanders at Sea; and yet all of you of the Royal Party still flatter yourselves with vain hopes, by reembroyling the Nation in a new War, which can be to no other effect but to the ruin of yourselves, in kicking against the pricks, and the immediate hand of the Almighty. Now Colonel, I shall tell you particularly what the State's Forces are at present, and what a posture of defence and offence they are in, and will be on any Invasion from abroad, or rising at home; First, they are possessed of all the Forts, Ports, Castles, and Ammunion of the Land, together with a very great Naval Force, and as occasion requires, more they may and will have; the whole revenue of the Nation being at their command; Moreover, they have a very great veteran and Victorious Army, ready disciplined on all occasions, under their pay, and maintained at the Natives charge, all the Commanders and Soldiers enured to the Wars, and as I may say, of one Corporation and fraternity, such as knows each others minds, and what they are to do on all Invasions and homebred disturbances; and this is obvious to all men, and known to yourselves, when as all those numbers you speak of to be here for the King hand and heart, yet is it evident they will never be able to imbody to any purpose, but will be cut all in pieces whensoever they attempt it, and that by the State's horse dispersed throughout the Land: Again, You must of necessity admit that the Scotch King can never make his preparations so silent, but that such is the vigilance of the States (wheresoever his rendezvouz shall be) but that they will have particular intelligence thereof, and will be ready with a powerful Fleet to impead the transport of any considerable Army so soon as it puts out to Sea, and to fight or sink them before ever they shall set one foot on English ground; and suppose his Naval Forces be never so great, without all question, the States Flect here will be every way equivalent; so that on a right judgement to be made, the Scotch King hath a far more difficult task in hand (being to invade by Of the difficulty that the Scotch King bathe to invade by Sea. Sea) than any of us can imagine: Besides, you may remember what numbers of the Gentry and Yeomanry of the Land are tied and fixed to the States, and most of the Commanders and Troopers which have bought much of the Kings and Bishops Lands, are all bound to fight as well for the Venders interest as their own; so that you may be sure they will rather stand to the work for their own sakes, then run to the King to their own undoing; now besides all this already recited, I pray take into consideration, the terror which the late sequestrations have impressed on all Delinquents and adherents to the late King, with the present poverty and dejection of all that party, which both disables and disheartens them to arm in the behalf of a King that eats no other bread then that of Almsdeed: 'tis true, there is a numerous party in the Land both of close and open Malignants, some whereof (answerable to their old humour) will talk big and at large in the King's behalf; but to fight afresh for him, they will be very cautious, especially those which have any thing left them to lose, and when they very well know how many Watches and Sentinels attend their motious throughout all corners of the Land. Prelate. It's most true, that the King hath a very difficult task in hand for the recovery of his rights, (oeing to inwade by Sea) if we reason ad captum humanum, according to man's understanding; but 'tis far otherwise, when we come to consider what God will do, who never forsakes the righteous cause, but in his own good time never fails to remember and help the afflicted, when they least think on't and when; he that knows his own time will confound the wicked, and such as most impiously have intruded on the Regal Rights, with the administration of justice to the people, which with what equity they measure out unto them, your own knowledge and the clamours of many an honest man can best testify. Now as to your late instance in the Hollanders revolt, and with what success they encountered so powerful an Adversary as the King of Spain, worsted him and established their Aristocratical Government, and in humane reason have so fortified it that they seem impregnable; between this case and the late Kings there is a great difference; for as yourself hath observed, the grounds and reasons of their revolt first sprang from the impetuous demeanour and Tyranny of Don Alva's de Toledo, who as Lipsius' reports, in that short time of his Viceroyship, put to death and massacred ● not so few as 100000 of the Natives, amongst which the Counts Egmont and Horn, with others of the Nobility, were the chief which withstood his Tyranny, and stood up in defence of their immunities, which the King of Spain by power would have taken from them; which was a just cause given to the people to revolt, both for safeguard of their lives and privileges, which the four great Dukes of Burgundy suffered them to enjoy; so that on a right understanding of the Hollanders case, which was just and but reason, that when they could not obtain right from the King upon their many Petitions and complaints of the Tyranny of his Ministers, they could do no less then endeavour the preservation of their lives and fortunes; And therefore under the conduct of the Prince of Orange, they seized on divers of the strongest Towns, and the people unanimously fell in with the Prince, and ever since manfully and fortunately have defended themselves. But in the late defection of the English with the Parliaments raising of Armies against their Sovereign Lord, there is no manner of similitude with that of Holland, or any such cause given or ground of the people's defection; since I presume you will confess that not so much as one guiltless man (during all the late King's reign) hath been put to death, unless you object and instance in those which by the fatality of the late War befell both parties, which you know to be no other than fortuna de la gu●ra, not the King's Tyranny or the least desire of his that a drop of innocent blood should have been spilt; and that which was, was in his own necessitated defence. But I pray take the case as now it stands between the present King and your States, than you may soon see the difference; for in confirmation of the Colonels assertion, I dare affirm the King hath ten friends for one to those on whom the States may rely as firm and fixed to them since his late Majesty was put to death; and that major number, (you may be sure on'●) are all his in body and soul, and do utterly detest that his Royal Father and ● himself should be so unjustly cut off and excluded of his birthright; and by whom think you, but by an inconsiderable part of the representative, the Soldiery, and a handful of the people theirs adherents? and therefore I say, that the King on a right estimate of his party, upon the least turn of the wheel will have a surerer and a stronger side then possibly the States here can have. Patri. Doctor, in this your last reply, I observe some notable particulars; first you approve of the justness of the Hollanders defection; yet you say, that it parrallels not with this of the States here and change of the Government; the reasons you have given for justifying the Hollander, I confess are most true, self preservation being just and allowable by God's Law and man's; But that now you should defend their cause, which none of your said party ever did till of late, is somewhat strange, unless it be for that (as you believe) they are secretly engaged in the Scotch Kings Cause; and yet you condemn the late Parliament for defending themselves and their liberties against the late King's Tyranny, which you shamefully endeavour to excuse, and would quit him from all bloodguiltiness. To which I answer, That had you thought upon your own instance of 100000, of the Natives massacred by the Tyranny of the Spaniard, it would have put you in mind of a million of people throughout the three kingdoms slain and murdered, by the mere Tyranny, Plots and practices of the late King, of which you take no notice, but after the wont manner of all Royalists, you justisty his innocency; so that to the worlds-end you give occasion to the Parliaments party to rip up the faults of the dead, and cause them to display all his Falsehoods, frauds, breaches of Oaths and Protestations: But as to your assertion, That the major number of the people here, are for the Scotch Pretender in body and soul, is in part granted you, yet therein you extremely delude yourself; for the odds in that major number will little advantage him or his party, since the major power lies evidently in the lesser number which are for the States; what then? will it avail a prince (unexperienced) to lead a great yet an undisciplined Army, against a lesser number but well disciplined, valiant and armed Soldiers; though you cannot be ignorant that the States Armies are very strong and numerous in all the three Nations. As to your denial of the similitude and parallel, I say on the same reasons that the Hollanders took up The Hollanders case and of the States here alike parallel. arms in defence of their liberties, the people here did the same for defence of themselves and their Representative; so that the parallel on the actions of both States holds and is alike, save only in the ●nanimity and universal promptitude of the Nether Lands in their joining and uniting of all their Forces, with the Prince's * Orange. retinn●e; 'tis most true, the parallel in this holds not so fully; for I must confess the State of the matter and manner of the revolt of a part of the people from the late King is different, & remains doubtful what may fall out in the issue, in respect that the other major part of the people are conceived still to wish well to his Son the present Pretender, and that all the three Nations stand in a kind of distracted condition, in regard that they are divided into parties, sides, factions, fractions, fects, schisms and opinions, which I acknowledge may sooner mar the work of the States now in being then they are ware of. But in a word more to the point, that the major number of the people are for the Scocth Pretender, I say again, that that number considered as they are a naked, awed, and dejected bulk of discontented animals, signifies little or nothing, compared with that power of which the States here are possessed; neither in humane reason can we see how or by whom they can be dispossessed. But let us on all hands suppose that the present Pretender shall land again in England or Scotland, (as of late he did, where you know he was beaten, there, and at Worcester, and forc'● to fl●e for his life;) again, suppose he comes in with a numerous Army of French, Dutch, Lorrainers, Germans, Sweeds, Daunts, together with all the prescribed Cavaliers, and all these united with a good party of Scotch and Irish, admit them to be in all 60000 fight men (which will be too great an Army to be transported without a very powerful Navy) such numbers you'll grant cannot stay long there, unless they mean to eat one another; well then, you will say, they may instantly march into England, (as of late they did) and not unlikely in two or three several bodies, and in divers ways, the more to distract our Armies; where you ought to remember that this State hath both in Scotland and the adjacent parts, a very considerable force to encounter these Invaders; but admit again, that the King advances so far as York, though you cannot imagine but that he will be fought with twice or thrice over before he comes thither with fresh men, and not unlikely rebeaten, as at all places he hath been; but let us again admit that he surmounts all difficulties both by Sea and Land, and becomes victorious, and triumphantly marches towards London, and that the State's Force cannot withstand him, and that on the noise of such sad news, the prevailing party (as you are pleased to style them) being confounded with terror, betake themselves to their heels as their ultimum refugium, and the best way to shist for themselves, and that after this, all is left to the King's absolute disposement, (as all this not impossible, but exceeding improbable,) what then, on such sudden change of fortune think you, may be the issnes thereof, and what advantage either to your party or the generality of the people, and all Countries through which his Armies shall march and Quarter, accompanied with so many Nations diversely affected? Prel. I confess the people must necessarily suffer, and haply in a greater measure than hitherto they have done; yet am I confident, his Majesty will be very sensible of their sufferings, and in prevention of their farther oppression, and for settling of all things, will immediately call a new Parliament, and reduce it to the ancient Form and Institution of the three Estates, King, Lords Spiritual and Temporal, with the Commons, and then commit all things to a sober, legal, and Parliamentary discussion; and in what manner restitution may be made of his own Lands and goods, the Church's Patrimony, with the many other loser's of his own party; and after all this, in detestation of the foulness of the late War and bloodshed, to bu●y all discontents and heart-burnings (as Judge Jenkins very judiciously proposes) in an Act of Oblivion, with free pardon to all, except some special persons that had a principal hand in his Father's death, and for all other of his Subjects, to spare and cherish them in what possible his affaits will permit. Patri. Doctor, excuse me, since I utterly descent from your opinion; for it stands not with reason, or with the Kings then present affairs to take a piece of that course, which you suppose; and should he be willing, there would be so many of the old Cavalry attending his person, as well Natives as Foreigners, which would thrust in to be served and gratified, that he should not be suffered to put in practise a title of that which is by you so vainly surmised; but you may build upon't, he would take a clean contrary course, and such a one as the necessity of his then urgent occasions would enforce, and not tie up himself to his own disadvantage by an Act of Oblivion, which necessarily must disable him either to help himself or friends, when the power is in his hands to do what he pleaseth, and carve as he listeth. Prel. Since you are so diffident of his Majesty's good nature and intentions towards his Subjects, tell us I beseech you, what you conceive he will do for the speedy settling of peace and amity through the three Kingdoms. Patri. May I obtain your licence, and a favourable construction of that which I shall deliver, I will tender my opinion, and leave you all to make your own judgements thereon: In the first place, I believe that whereas then he comes in by the sword, in order to his necessities he would rule by the sword and by an Army, with Garrisons throughout the Land, (as now the States upon the point do and must do, if they mean to go through stitch with their work) and thenceforth begin a new Government (as in like manner the States here intent to do) the Laws of the Land (which under the present power the people yet enjoy, as they were wont to do in quiet and peaceable times) would necessarily be subverted and turned topsie-turvie, and such introduced in their room as should best suit with the will and pleasure of a Prince that comes in by Conquest, and by the same power will have them to be no other than agrees with his Affairs and resolutions, or as they are in France, if not worse and more absolute, where a single paper signed under the King's hand hath the same efficacy as an Act of Parliament in England: and in order to this, you must expect that his mercenary Soldiers must and would be remembered: If you demand in what; I answer, with the whole plunder of London, as the readiest means to give them all content for their service; and if this seem strange to you, I pray call to mind, that in the late King's time when no occasion of wars or raising of Armies in any reason were necessary to be levied, but such as our late Grandees, the Earl of Strafford, Canterbury and Cottington would have to be raised against the Scots; that Earl spoke it openly at the Councel-Table 1640, and to no other man then the Lord Mayor Sir Henry Garway, and others of the Aldermen upon their refusing to lend the king 100000 l. for the Scotch War; It will never do well, (says he) till the King hangs half a dozen of you Aldermen, and then put the whole City to ransom: Which was proved against him at his Arraignment; neither did the king forbear the seizing of the Mint for supply of that needless War: so that 'tis evident when Princes have power, they will make no scruple to act any thing that conduceth to their designs, or to take all things where they can find it, as 'tis well known he did in the late barbarous War; neither will it be impertinent to put you in remembrance of another instance of this kind, when at or before the beginning of the War, the king took his journey towards Scotland, and overtook the Scotch Army in their march homewards 1641, where he dealt with the principal Commanders to turn head on the Parliament, in reward whereof they should have the plunder of London, with Jewels for security; an overture which some of them were not so dishonest as to conceal, but gave notice thereof to the City and their own Commissioners then here residing: Now, if you farther demand, What the present Pretender would do in the pre-supposed case, I shall again answer you, that in reason of State (which with Kings and Conquerors hath an Of the miserable condition that will befall the Nation, especially the City of London, in case the Scots Pretender comes in by the sword. immense latitude) he would and could do no less, then to take present order for the satisfaction of his Countrymen the Scots, as also for gratifying the proscribed and fugitive Lords, Cavaliers, both English, Scotch and Irish, which first took part with his Father, and in this supposed Conquest, joined in aid of himself; so that the estates of the Parliament Members would be much with the least to make them all compensation for their services and losses sustained by Seizures, Sequestrations, & many total Confiscations; nay, you may rest assured, that there would follow upon such a Conquest, a more exact and rigorous search for Delinquents estates against the king, than ever the Parliament made for Delinquents against them; and you may build upon't, that not a common Soldier, whether Native or Stranger, but would press the king for some considerable recompense for his service; Insomuch that there would necessarily fall out such a strange change of affairs, and so much oppression of the people above that which we now suffer, as that it would amaze the universal people to look upon the miseries which would befall them; neither ought you to esteem of that ridiculous surmise of Judge Jenkins, annexed to the conclusion of all his juggling fragments, to wit, that the late king's Act of Oblivion would have been the readiest and only way both to reconcile all differences, and (as he infers) settle peace throughout all the three kingdoms, that being a subtle kind of begging the Question, and only for his own private ends, having a relation to himself, though craftily umbrated under the vail of the common good, and in a cunningness to endeer the Souldery to him, with a superindulgent seemingly Of the juggle of Judge Jenkins in Lex terrae. care he pretended to have them paid by all means; when the crafty fox only intended his own indemnity, in freeing himself of all debts, acompts and moneys, trusted in his hands, and for many years most unjustly detained from the right owners * Mr. John Earnly by name of the county of Wilts. ; you may take it in the next degree of an article of your faith, that the king coming in (by the way of the sword) cannot (for the reasons alleged) be so prodigal of his grace, as to spend so lavishly on the stock of his new got Conquest, to grant a piece of an Act of Oblivion; for farther proof whereof, I pray remember, that when the late king, after the battle at Edgehil, fortified Oxford, and as then (to most men's judgement) was in a sairer way to carry all before him, there was not any debate in that mongrel Parliament (as the king in his Letters to the Queen calls them) that pleased him, and glad he was to be rid of the tumultuous motions there made unto him; for even that Conventicle composed of the Fugitive Members of Westminster (plotted by himself) had not the right measure of his forth, but in a confused and streperous manner fell always athawrt his inclinations, which were secrets he meant not to discover but to such as could guests at them, and comply with his designs before himself came to disclose them; and such as had that faculty, were the best instruments for his turn; and believe it Gentlemen, he was too dark and cunning a Prince for any that he ever employed; & certain it is, could he then, or at any other time have destroyed this Parliament, he would have altered the Government, and hanged by degrees most, if not all the Members, together with all their adherents, and consequently to have made use of their estates as the exegency of his affairs then required, to gratify such of the Nobility and Gentry as he had befooled in, to side with him, though to their own loss, and that of the universal Nation, and this was well known to all men of an ounce of wit, that made any resort to his Oxford Garrison, as it hath been openly confessed by some of his chiefest Commanders * Colonel Leg and others. , and of greatest trust about his person, since the rendition of that City, and in this particular I appeal to you Colonel, who then waited on his Majesty. Colonel. That which you now avouch Patriotus, is a known truth, and the king in reason of State, and in reference to his own profit, and the designs he had in hand, as also for our sakes which stood to him, would do no less then change the The change of the Laws and Government, which of necessity would follow a Conquest. Laws and the Government, but especially to quit himself of all Parliaments, which throughout most Reigns have been so cross and opposite to their kings; and so to any Act of Oblivion after a Conquest obtained, and that then a general pardon should have been granted to all sides; the Judge was out of his sphere and prattled like a Parrot; for admit that the king should so much overshute himself, as to grant an Act of Oblivion, in what a condition should we of the Soldiery be? what then could we expect in reward of our service, (which for his late Majesty's sake and the Kings that now is, or shall be in spite of the Devil) have hazarded our lives and fortunes? Sure I am, my late Master, not only promised me, but granted to divers of us his Commanders, such and such Parliament men's estates; yea, and o● * Witness Colonel Gunter's estate of the County of Pembroke, and divers others. Delinquents, both Lands and Goods; and you may be sure, more he would have given had he obtained his ends, than all of you are ware of; and I doubt not, but that his Royal Successor in good time will do the same as his Father intended, so soon as he comes to be invested with the Sceptre; otherwise, he would be the most ungrateful Prince, most deficient and wanting to himself, that ever was in the world? Nay, reason persuades me Patriotus to concur with your opinion, as touching this treacherous City of London, from whence the Parliament in the very beginning of the War had their only assistance, and were first enabled to wage War with their King, which I hope his now Majesty will never forget, whensoever he comes to be Enthroned, and then I doubt not, but to have a good shane of the Citizen's money, Gold Chains, Rings, Plate, Jewels, Silks, Satins, Velvets, Of the implacable batre: the Cavaliers bear to the City of London. and that in plentiful measure, since I have taken special notice that they bequeathed not all their Riches to the Parliament; some I am sure, and that good store, are left for such as better deserves them, than such Mecanicks as knew not how otherwise to use their goods, then to the destruction of his Majesty and the Kingdom's detriment. Patri. Colonel, I profess I am bound to honour you, for that you have candidly and like yourself spoken the truth, and what in reason (in such a case) would befall the City, not only in the total plunder thereof, which will be much, with the least to satisfy such a multitude, both of Natives and Strangers; neither can it sink into my understanding, that the ransacking of the City will be the worst that may befall it; such an implacable hatred do you of the old Cavalry in general bear towards the Citizens, that if God ave●t it not, in all probability the whole City will run the same fortune with Saguntum in Spain, Carthage in Africa, and Jerusalem in Asia, and this fate the Cavaliers themselves have often in my hearing wished unto it. Neut. Gentlemen, your divinations seem strange to me, and they very much trouble my cogitations to hear you talk in such horrid language; I hope you believe the King of Scots to be a Christian, and not that he will destroy himself, which will be as good as done, whensoever so great and oppulent a City becomes ruined, which is the key of the Kingdom, and from whence issues the greatest Revenue and Income the Kings of England have ever received by Customs and Imposts from the Merchants; but more especially, since he cannot be ignorant that he hath within this City a world of loyal Subjects, (as I myself for one) which never bore arms against his Father, nor voluntarily contributed to the Parliament one groat, otherwise then needs he must whom the Devil drives; therefore I doubt not, however the game goes, he will remember his friends, and distinguish them from his foes. Patri. Excellently well inferred Neutralis, it seems than you conceive yourself safe and sure, for that in all the late Wars you have carried yourself in a neutral way, & according to the old adage, bene vivit qui bene latuit, he fares best that keeps himself close and out of the scuffle. But suppose the King after his Victory and march, comes to be possessed of the City, accompanied (as that you may believe) with four or five several Nations, can you imagine that so numerous an Army attending his person, will or can Quarter elsewhere then in the City, and when they are there, think you not but that the Soldier will have a mind to the business, viz, to take A continued description of the lamentable effects that will● besal the Nation in the case aforesaid. up their pay out of the ransacking of the Citizens, and that without any distinction of persons? haply you conceive that the King out of his Grace and good will towards his friends, will cause a mark, or some cross to be set up at their doors, whereby to difference his loyal Subjects from those which assisted the Parliament, and took up Arms against him and his Father. No Neutralis, let not such a Chimaera enter in your thoughts, when you shall find your imagined cross to be no other than in so promiscuous a plundering, that yourself or any others of your mode shall escape , or that whensoever the soldiery falls to riffling, think you, any of them will be so nice and mannerly, as to forbear any that lies in the way of their fury, or that in such a confusion, the King himself (were he willing) can stay them, which aforehand are prompted to enrich themselves with a booty, which lies so readily before them, or that the Soldier will be so modest as to omit so fair an opportunity, and suffer the Citizens to convey their cash and commoditities out of the way of their needy, and greedy clutches: Let me I beseech you dispute this case a little farther with you, for rest assured, that not only those which had a hand in his Father's death, (whom long since he hath doomed to death and confiscation by his own Declarations) but even all those which assisted the Parliament, or stood neutral, will necessarily shall into the number of plundered persons, yea all such as at the beginning of the War took up Arms, and were listed under the Earl of Essex (which indeed were the first that broke the Ice, and made the way open to the new Model under the Lord Fairfax, and the now Lord General Cromwell;) Do you think that any of those of the first establishment, which laid down Arms when the Lord General Essex laid down his Commission, divers of which, either before or after have been chosen Parliament Members: and were known to be bold speakers in the behalf of the late King's readmission to the Kingly Government, will or can escape? If you conceive they will, your imagination is vain and reasonless, since it stands not with reason of State, or the King's necessities to lose the least grist that otherwise may come to his wanting Mill: Moreover, you may be sure on't, that in order to all the premised plunderings and confiscations, you shall find all rich men, or so accounted, will be called to an after reckoning, and holes picked in their coats (of what party soever they have been) to the end to supply the King's great debts and urgent necessities; for who knows not, but that he hath borrowed much, and yet wants more than can well be Of the fearful consequences that attend a Conquest. imagined, and that having the sword in his hand, he will and must have money wheresoever it is to be had; and then believe it, the next bout will be a strict inquisition, whom they are or have been, which have taken the old Covenant, and the new Engagement, or have bought any of the Crown-Land;, or goods of the late Kings, the Bishops & Delinquents estates; and in order to this progress, a rigorous inquiry will of cou●se fall in, who they are which the Parliament hath employed, as actors and instruments for the promoting of their designs, whether in the City or elsewhere in the Country; neither may you doubt on'c, but that all the Judges, Sergeants at Law, Officers, Clerks of the Crown and Chancery, Sheriffs, Justices of peace, Commissioners, Committees, with all other inferior Clerks and Officers, whom the Parliament have employed throughout the Nation, acting by, and under their power, will by degrees be fetched over and enforced to come off with greater Fines then possibly they are able to bear, and this (in part) was put in practice by the late King's Commissions thoughout all his Quarters, and wheresoever his Armies had prevalence, when he resided at Oxford and elsewhere; and enough there will be, which will not fail to instruct and inform this King, that all the riches of the Land, (saved from the spoil of his Father) will not be sufficient to make him satisfaction for the infinite losses which the Crown hath sustained since the beginning of the late War, and to recompense such as have suffered by taking his part. Thraso. Signior Patriotus, damn me, if all that you have now said be not Oracles; and the King ought not, or can in honour do less than that which with well measured reason you have declared, and in case he doth it not to a hairs breadth, I shall take him not to be so wise as he should be; for in confirmation of your opinion, I'll tell you a story, and 'tis a true one, on my life, and the reputation of a Soldier, that all of us at Oxford concluded * This is a known truth, and hath been often averred by many residing at Oxford 1642. when to all men's thinking the King was in a sairer way to have carried all before him. that after the destruction of the Parliament, the King undoubtedly was resolved both to alter the Laws and change the Government, hang all the Parliament men at Westminster for high Treason, and then banish all the Puritans in England; and next the design was, to take the same cou●se with the Presbyterians of Scotland, (as the greatest Enemies to Monarchy and Episcopacy in the World;) and if ever the King comes to be Master, and in the way, wherein I doubt not but he shall be with the sword in his hand, and we of the Cavalry at his heels, if he hangs not ten thousand of these Puritans, Independants and Presbyterians, I shall for ever hereafter judge him uncapable of the managery of any other Sceptre, then that of a sweetch or an honest riding rod; and be confident Gentlemen of the truth of this Story, in confirmation whereof I remember, that my Master commissioned the chief Justice Heath, the Attorney Harbert, with divers more of our Lawyers at Oxford, to go in their Circuits (as I remember they called their Commissions of Oyer and Terminer) with Authority to hang all those (as they well deserved) of the Parliaments party, but a pox take them, they were so much aforehand with us of his Majesty's party, that the King was compelled to * The reasons of the late Kings withdrawing of his commissions of Oyer and Terminer. retract his Commissions, for saving of such of his own party, then in the Parliaments custody; though one Franklin, whom I took prisoner at Marleborough, and one Sir Hugh Owins, Burgess of Haverford-West, both Parliament Members; the first whereof indeed died in prison at Oxford before his Trial, but as to the other, I well remember he was designed by the King himself to be tried in his own Country, and for High Treason; however, as afterward I heard, he escaped the halter, but no otherwise then for the reasons before told you; moreover, I am confident, that if his Majesty that now is comes once to ride on the fore-horse, he will not fail to make sure work with all * The late King's design to quit himself of all Parliaments. Parliaments, and that neither himself or Successors shall stand in fear to be farther controlled by them, or made slaves to their Subjects. Prel. Gentlemen, you have all spoken according to your fancies and affections; sure I am, 'tis very fit that restitution should be made, where estates have been been injuriously taken from the right Owners, and services rewarded by him for whose use and benefit they were performed; and 'tis Divinity, That the Labourer is worthy of his hire: but in case the King cannot come to his own otherwise then by the sword, I say, that such as shall assist and enable him to obtain that which no man can deny to be rightsully his own, ought in all equity to be recompensed by some means or other, for as the present condition of the King now stands, I see no other means left him, but by seizure of the Parliaments estates, and plunder of the City, from whom my late innocent Master received his bane, and the Parliament the means both to furnish and maintain an Army against him at an instant. Patri. Pardon me good Doctor, since I perceive you somewhat mistake me, for I say not, that in case the King comes in by the sword, he then ought to ransack the City, but that of necessity he will be compelled to do it, otherwise the Soldiers will of courle do it of themselves; since 'tis well known to be the design of the Royal party both at home and abroad, to be revenged on the Citizens whensoever opportunity serves them; for 'tis confessed on all hands, that in the beginning of the War, they voluntarily came in with their moneys, jewels, and plate, and trusted it on the public Faith, without which, on an instant the Parliament could not possibly raise and pay such an Army as they did; and there is no doubt on't, that in case the King shall make scruple to plunder the City, yet am I confident he shall be sufficiently pressed and invited to do it, or at least to impose such a ransom on it, as the Citizens shall never be able to undergo; but God forbidden either of them should be put in execution. Thraso. Now Patriotus, I perceive your meaning, but what you would not should be put in execution, rest assured, If I can help it on, it shall not be left undone; and I farther say, that in case any such opportunity shall be offered, God forbidden it should be omitted. Neut. And I am glad, Colonel, I know your good meaning towards the City, but I hope God will so provide for us (as hitherto he hath done) that as yet we have not tasted of those cruelties which you of the King's party have committed in several parts of the Land, whereby you have made the King's memory odious to the present times and future; so I doubt not but the same God will preserve and defend us from your malice: But I beseech you Patriotus, may there not some way or other be thought upon to admit of his Majesty (who now is) on safe and honourable terms, and such as may suit with the security of the Nation? Patri. Surely, in my poor judgement, as the late King, and present Pretender hath handled the matter, there are no hopes left to any of that Family, by a peaceable way to reinvest themselves with the Regal Dignity, but only that of the sword, and then I have already told you in plain English, what in all probability will be the sad issues; either continual attempts made on the present power by the Pretender, or a perpetual continuation of war, so long as any of the Family and dissendants of King * King James the first plotter of absolute sovereignty, & projector to dissolve & destroy Parliaments, and this design farthered by the Prelates. James remain alive; who to speak the truth, lead the way to all our miseries and concussions both in the Church and State, and his Successor pursuing his principles, what through his own inclinations to absolute Sovereignty, the Queen's Mother and her Daughter's Counsels, furthered by the Bishops and other corrupt instruments, so brought it about, both to his own ruin, and the disinheriting of the present Pretender; so fatal a thing it is, when Princes will be more than of right they should be, and will not remember that they are no otherwise to govern their people committed to their tuition, but by the same Rules, * Daniel in vita Reg. Johannis. Laws, and conditions, as at their first ingress they received their Crowns on Oath; and when the Grand father and Son shall forget their own Engagements, and recede from their own principles, viz. that if * Vide Basilicon Doron. Kings would but consider that they are ordained of God for the good and benefit of their people, and not their Subjects destinated to be governed by their own will and pleasures, they should then never stray out of the right Orb of Government: Moreover 'tis most true, that the Grandchild and present Pretender, neither in the beginning of the wars nor since, took the right way to gain the love and acceptance of the Parliament and people, but in his open purluance of hostility both by Sea and Land incensed them, and made himself utterly uncapable of acceptance. Prel. For God's love, What would you that the poor innocent Prince should have done on the massacre of his Father, and when all of his undeniable rights, (divolved on him) were taken from him, and no means left him whereby to eat bread, otherwise then to beg or borrow it, and you know he cannot (Chameleon-like) live by the air. Patri. Doctor, 'tis of too transcendent a nature for me to direct Princes dispossessed, or rather forfeiting of their Patrimonies by Tyranny, what course to take for their recovery; but you cannot forget how unhappily he was set on and engaged in his Father's quarrel, which had he not been, but in such a contest born himself in a neutral way, or sat still as his cousin the Count Palatine did, I cannot disce●● any reason why the Parliament should have excluded him, but rather admitted him, as the States formerly did Edward the Third after his Father's deposition; but alas, he was so much, & so far interessed in the quarrel, both in his Father's life time; and more unhappily since shown The reasons of the Parliaments excluding the King of Scots, and the rest of the Descendants of King James. himself the Son of that Father, from whom he received all those destructive principles of Tyranny, which have utterly undone all those of our English Princes that pursued them, as the instances of King John, Edward, and Richard the Second, manifestly demonstrates; some of his Commissions issued out in his Father's life time whilst he was a Prisoner I have heard of, which shows him not to be over-indulgent towards Parliaments; but to this, doubtless an utter Enemy, and to speak the truth, he took not the right way to win the hearts of the people, since 'tis evident, that he hath granted sundry Commissions, to rob and spoil the Merchants at Sea, viz. to his cousin Rupert and his brother Maurice, as his Father not long before Commissioned both the said Princes to spoil and plunder the poor people by Land; more may be alleged, which shall rather be concealed then ripped up by me; only in a word more to you Colonel, and all of your party, whom I could wish to look about you, and bethink yourselves of the sad issues, which (in such a change as we have presupposed) will necessarily befall yourselves and posterity; happily the King during his own time, and to some few of you may carry a favourable respect, but that his Successors or himself intent to bestow Charters of Immunities upon you all, and entail them on your Heirs-males, is a very vain and idle imagination; for after a Conquest, and not unlikely within a Quarter's time of a Century, it will of course fall out as it did with jacob's Posterity upon the decease of Pharaoh, when his Successor would not so much as look upon, or know Joseph, but his whole race and Posterity fell altogether into the common-shore of bondage and Slavery; And yet, such is your infatuation like the Israelites, which cried for a King, and soon after would have been quit of him, but God told them he would not hear them; and indeed few there are amongst us all that judge aright, or know our own happiness and freedom in this present change of the Government. Neut. Patriotus, Give me leave in a word or two to interpose; It appears to me, as by your discouse I have collected, that our submission to the present power of some special selected Gentry, without King and the late privileged Lords, (wh●ch I confess were wont to do what they listed) will be more safe, honourable, and profitable for the people, notwithstanding our Contributions, than such as necessarily will befall us, should the excluded King come in by force of Arms; I profess in such a case, I know not which side to take with safety; advise me to the best, and I'll thank you. Patri. Neutralis, I perceive you to be a crafty fox; you are best able to judge what party to incline to; I leave you to your own choice, whether to side with the present power (in case of an invasion) or to assist the Scotch King; for I find 'tis your own safety, not the common good, that you aim at; only this, take heed that reason do not invade you before it persuades you, though it be already both sufficiently intimated and proved, that your adherence to the present establishment will be your best course, yea, on any Invasion of the Scotch King, to fight for your liberty, and not sit still as you say you have done. Prel. Patriotus, In all our conference hithereto, we have omitted the principal verb which governs the sentence, and that is, concerning the late Parliaments sitting at Westminster, acting according to their own wills and pleasures; what they Vote, was without any more ado Enacted for Law, as a Rule to the universal Nation; right or wrong, it must be obeyed; Now whether 160 at most, of 560 at least, which formerly sat in both houses could be a Parliament, is the Quere. I pray resolve me in this point; for in Law, or in any rational man's judgement, a * The grand objection of the Royal party answered in the next Reply. Parliament they could not be, but rather an usurpatious and despotical number backed by an Army; therefore I say, speak your own conscience, what you conceive them to have been, without King, Lords, Bishops, and the major part of the Commons, all summoned by the King's Writ, and chosen by their several Countries, and violently pulled out of the house by the Soldiers for dissenting to the Votes of no more addresses, the remainder being so few, that in any reason they could not so much as pretend to be a Parliament, much less the Representative of the universal people; yet had they the confidence that whatsoever they Enacted, to assume it to be done in the name of the Commons of England, which is one of the strangest pieces of Nonsense that ever was heard of in the World; you may call to mind what became of those thirty Tyrants at Athens; the parallel is not at a very wide distance; therefore before we depart, I beseech you deliver your opinion for the better satisfaction of my conscience, and tell me how it came to pass that none or very few of the Lords sat there with the Commons, which till of later times, never were admitted to sit with them, neither called to sit by them; for all our ancient Parliaments were only composed of King, Bishops, Abbots, Earls and Barons, without the scum of the Vulgar. Patri. Doctor, 'tis most true, that upon the first view, that remnant which so lately sat at Westminster, in most men's understanding, seemed to be no other than an usurped power, and these backed by the Soldier; but when we come to the Examination of their mutilation, and how their number came to be diminished you will be of another mind; for as the Author of the King's Life and Reign exactly lays it down, and resolves this doubt, and tells you by whom it was first lamed and disordered, this we all know, that it was at first legally summoned by the King's Writ, with Lords, Bishops, and Commons, which by your favour are not the scum of the people, but as good Gentlemen as any of the Lords; but as afterwards it fell out by the King's practices and artifices, it was first lessened in both Houses, near to a moiety, to make up his Mongrel Parliament at Oxford; and yet the King himself and that Conventicle, both calls them and acknowledges these at Westminster to be a Parliament, though much against his will; The late relic of the old Parliament, though lamed and lessened by the late King. and 'tis a plain case, that since the exclusion of another party by the Soldier, that remainder or relic was still the Parliament, and stood upon the same feet, as 'twas first summoned 3 Nou. 1640. with their full number; and that piece of a Parliament left as you call them, acted by the same power; so that you must always take Powers in their present being, not as they have been, when enforced from their old precedents and usages, which I find not to have been always one and of the same form, but varied in all Ages, according to the Revolutions of times and accidents; for without all question, that Magnum Consilium or Commune Consilium, as Caesar calls it, of the old Britons, was not altogether Caesa. Com. lib. 5. of the selfsame form with the Witenagomots of the Saxons, neither those with the Parliaments as they were after called on the coming in of the Normans; and since the Conquest, we find them very much to vary; Parliaments throughout all Ages not one & the same in form, though in substance; neither is there any Record extant, that shows the time when the late form, with King, Lords Spiritual and Temporal, with the Commons, had its institution; but doubless 'tis both a new and false assertion, that the Commons had not their free voice from the first foundation of Parliaments to this present, as it evindently appears by the citations within mentioned, which are authentic and incontradictable. as for instance, Quarto conquestoris, Rex fecit summon●ri per universos consulatus Anglos nobiles, & sapientes, & sua lege eruditos, ut eorum jura & consuetudines ab ipsis audiret: the fourth year of William the Conqueror, the King caused to be summoned out of every Country of England all the Nobility, the wise men, and all such as were Learned in the Laws, to the end that he might hear and understand, what their Laws and customs were. Hoved, lib. de Litchfield; Moreover, Hen. 1. apud fontem Clericorum fecit summoneri omnes Archepis. Episcopos, Abbates, omnes nobiles Angliae, & sapientes, & omnes incolas Regni; The King caused a summons go Clerkenwel, of all the Archbishops, Bishops, Abbots, all the Nobles, Wise men, and all the Inhabitants, or as I conceive, by (Incolas) the chief dwellers in the Kingdom, which seems to be a multitudinous Aslembly. Math. Paris, Edm. de Loud. Again, Hou. 2. decimo Reg. praesentibus Archepis. Episcopis, Abbattibus, Prio. Comitibus & proceribus Regni. Math Paris: But Hoveden & Fitz-Steven, make mention of Clerus & Populus, the Clergy and People to be then assembled; the tenth of Henry the Second being present the Archbishops, Bishops, Abbots, Priors, Earls and Barons, together with the Clergy and people. Paris calls this Assembly Generale Consilium, a General Council; Now amongst many other precedents, I shall only instance in one or two more, viz. Sexto joban. at Oxford, Communi consensu Archepis. Episcoporum, Comitum, Baronum, & omnium fidelium nostrorum Angliae; by the common consent of Archbishops, Bishops, Earls, Barons, & all our faithful men of England, Parl. Rot. pat. 5. & there are some precedents which only mention Barones & liberos bomines totius Regni, only the Barons and all the freemen of the Realm; tempore Henrici 3. and another of this reign, and before the Grant of the great Charter, hath it, Convocatum est Londoniis, praesidente Archepis. cum toto Clero & tota Sect a Laical: An Assembly at London, the Archbishops being Precedent with all their Clergy and all the Laics, without any mention of Earls, Barons, or Bishops. Auth. Eulog. which seems to be a strange kind of Parliament; so that in an hundred more of Precedents which may be instanced, it will manifestly appear, that our ancient Parliaments though they are acknowledged for a National meeting, made and un-made Laws according to the vicissitude of times; yet were they not always of one constant and set form, though tending to no other, and the selfsame end (salus populi) the safety and conservation of the people, by their Enacting such Laws as then were thought fit to be established for the common welfare of the Nation, to which all our Laws and Statutes in the same words have special reference, though, 'tis confessed in ancient times, often varied in the form, but never from the end; And 'tis very observable that neither the ancient summons to our Parliaments were always of one stamp, but varied in Neither that the summons to our Parliaments, are of one and the self same form. most our Kings Reigns; sure we are, that last of the kings was much different from those of old, which evermore had in them inserted, viz. ad tractandum, consulendum & ordinandum cum nobis, etc. the principle Gerund (Ordinandum) being purposely omitted, lest it might intimate a greater power in the Commons to act by, than the King was willing they should have; just in the same manner as the Archbishop curtailed the most material clause of the King's Coronation Oath, that so he might assume to himself a greater power than of right belonged unto him; but this is a subject which to dispute to the full, would take up more time than we can at present well spare; only in a word, that the Commons sat not in our ancient Parliaments, and that now they only sit there, where the King and Lords sat alone without them; Truly Doctor, I retract not from that which I have often said, viz. that these late times have produced such Monsters of men, such Traitors and shameless Vipers that have endeavoured to blot out of memory those ancient Rights and Liberties which the Natives have for so many hundred years enjoyed, and to devour the mother that bore them, most unnaturally attempting to enslave themselves and their Posterity: I shall particularly name some of them. Judge * Lex terrae, and Mr. pryn's Book. Jenkins, and another, under the name of Mr Prynne, which have avouched that the Commons were not summoned or sat in our ancient Parliaments: which is a most imputent lie and false assertion, as it evidently appears by those old authentic Authorities even now recited; and indeed, I have spent many an hour in a diligent search into Antiquities, to find out the time when our late form of King Lords, and Bishops, with the Commons, all called by Writ from their respective Burroughs, had its beginning; though it may be enough, to satisfy rational men, that it hath been at least of 500 years standing if not 600, as by * Archyton. Mr Lambert and many other better Authors, and far better seen in the Laws, than that false Judge Jenkins ever was it manifestly appears. Doctor, to put a period to this particular, let me tell you, for your own and the better satisfaction of thousands more of your opinion, that new powers will have new Laws, new Forms; and we of the people must and aught to obey them or smart for our disobedience; and so would the King have had, (you should have found it too true) had he prevailed. Prel. I confess indeed, you have given me full satisfaction, as well to my first question, Whether that relic of the late Parliament was a legal Parliament, as to my last concerning the sitting of the Commons in our Ancient Parliament; but what say you to this new form, that merely is summoned by the power of the Soldiery, and almost half Soldiers that now sit at Westminster? by what right of a legal Election do they sit as a Parliament? for by the Law and right of the people they were to have made choice of their own Representative? Patri. By the right of the sword, which in all Ages hath been the original foundation of all Laws and Powers; and where that weapon hath predominance, we must not altogether insist upon Law; for silent leges inter arma, but look upon God's Providence with the effects which this power may produce in the issue for the good of the universal Nation, since that after the State's Army (by God's great blessing) had no sooner freed the people from farther bloodshed and rapine, the late Parliament being at ease and not playing their parts so dexterously as they might have done, but minding their own interests more than that of the public, 'twas thought fit by the Council of war, to put a period to their fruitless sitting, as formerly they did to the King's exorbitant Government, and for his often breaches of Faith with God, and his trust with the whole Nation, over whom he was appointed to rule by the Laws of the Land, and not by his own will and pleasure; for bonus pastor ponit vitam pro ovibus, the good Shepherd lays down his life for his sheep, he never flays or destroys them. Thraso. I hope Sir, you cannot say (as your intimation imports) the King my late blessed Master was ever known to flay his Subjects you'll never leave the Round-head lies and slanders. Patri. No Sir, I do not positively say so, or that the King was guilty of pulling his Subjects skins over their heads, as S. Bartholomew is reported to have been served by his cruel Persecutors; but by your favour, since you are so captious and uncivil to asperse me with lying and slandering, as that you can do when you please on innocent children, and then make them good with volleys of dammees, & other fearful Oaths and imprecations, 'tis well known that before the king levied war against the best Subjects he had, some have had their ears cut off by the roots, their bodies whipped all over in gore blood, and their foreheads branded with hot Irons, no man knows well for what, more than to please the great Arch-Prelate, who would have it so; and the Lords of the Star-Chamber, and others of the High Inquisition, could do no less or durst do no other than vote as he would have them; and as sure it is, that you and your Complices under the King's Commissions, killed, plundered and shaved the poor innocent people wheresoever you march'c or quartered, which in many places of the Land you perpetrated without mercy; so that by your leave, the King himself was the sole Author and cause of all the blood and miseries that befell the three Nations, as himself sometimes hath confessed; but good Sir, enough of this; for it grows late, and a time we must have to retreat, as you my good Colonel, have had a time to rob, plunder, and spoil the poor people, though I believe, you have not purchased any great store of Lands with the remains of your stolen goods; but in case you have any store left you, there are yet very good pennyworths to be had of Delinquents estates, and you may likewise buy wood and timber if you have any use for it, if not, that you will keep it by you, for some other mischievous purposes, and not live quietly and peaceably under the present Government, the State you may be sure on't, will find out a parcel that may serve your turn. Neut. Colonel, I have often told you, that he would be too hard for you at this kind of fencing; yet you'll take no warning; do you not understand Patriotus his meaning, that the State will soon find out a parcel of Timber for you, if you stir and foment more mischief; you may guests at his meaning; if not, take it into your second consideration, that there is an intent of erecting a new Court of Justice, which will tell us all our fortunes, in case any of us should be overbusy and plot new insurrections. Thraso. A pox of him, and the Court of Justice to boot, that ever I saw or heard of either of them; I prithee Doctor, suffer not this round-headed-fellow thus to go away with the Bucklers, and to send us away like mutes, and with a fly in our ears. Prel. Colonel, to deal plainly, your langnage is insufferable; at our last conference you gave the first offence; and now again, you are at your old lock; for more boldly and uncivilly yond durst not have spoken, when you were in the head of the greatest Army the King ever had; the truth is, you too much forget yourself, and think not where you are, and to whom you speak; should I judge of most that the Gentleman hath said, I should be a Witness myself, that he hath spoken truth, and that with well measured Reason; but I beseech you Patriotus pardon the Colonel's incivility, and be pleased to satisfy me in some particulars, which I suppose you may do in a few minutes of time; then I shall both thank you and wish you a good night, and at your better leisure, shall not fail to give you a friendly visit; Sir, in brief, King John was a known Tyrant, an Usurper, and a murderer of his own Brother's children, an Enemy to the Clergy, and the greatest depopulator of the Kingdom that ever before it had; and yet the States and Nobility forget all his Tyrannies & misdeeds, and after his poisoning at Swinsteed, admitted of his innocent young Son, after called by the name of Henry the third, and soon quitted the Land of Lewis the Dolphin of France, whom before they had called in to their assistance, and to whom most of the great Lords had sworn fealty; In like manner the Parliament, after the deposiog of Edward the second for his Tyranny, made choice of his young Son Edward the third, who proved a very gallant Prince; likewise on the Parliaments deposing of Richard of Bordeaux, for his misgovernment, the State made choice of his cousin-german Henry of Bullingbrook, who though not the next in blood, and consequently an Usurper as to the right of Succession, yet was he made King by consent of the Parliament, and he approved himself a very wise and politic Prince; whence it appears that the Parliaments and Nobility of those times had ever an eye on the next Successor, or to such a one of the blood-Royal, as in their judgements they conceived to be most capable and fit to undertake the kingly Government, as it may be instanced in their Election of Steven Earl of Bulloyn, in the absence of Maude the Empress next in blood; and since that, of Henry of Richmon, after the kill of that Tyrant Richard of Gloucester; on these premises I beseech you, a little extend your patience, and tell me what you conceive to have been the reasons, that the late Parliament not only took away the King's life by a new precedent, and under colour of a legal hearing, to the great regret of the major part of the Nation, but have rerejected the young Prince of mature years, hopeful and able to govern, together with the Duke of York and Gloucester, with all the discendents of King James, and have changed the Royal Government into a Commonwealth, have sold all the Lands, Honours, Manors, and Revenues, anciently by right belonging to the Crown, as the proper Inheritance of the Kings of England; Now Sir, By what Law of God, man, or reason of State, they have attempted on so strange an enterprise, passes my understanding; especially the exclusion of the poor innocent Princes, goes directly against my conscience; yet if you please, I shall willing hear what you can say, for my better satisfaction. Patri. Doctor, your questions necessarily will require a long search into the reasons wherefore the Parliament enterprised on so high a concernment; yet in brief, I shall tell you what hath been told me, and by some of the late Members on the same Queres you have propounded: First, they say, that on consideration of the Kings seldom calling, and often dissolving of such Parliaments as he summoned without their due effects, and that for ten years together he refused to summon any, but ruled (during so long an intermission) at will and pleasure, whereby the common interest and liberties of the people were so much invaded, and so many grievances and oppressions crept both into the Church and State, that when this late Parliament was (through the extremity of his wants) called, the Assembly was to seek where to begin to rectify and repair the decays of the Commonwealth, which through his own misgovernment, the prodigaltie and dissoluteness of the Court and Clergy had befallen the universal Nation, which although he wholly then left to their rectification, yet immediately thereupon he not only went from his word, and falsified his promise, but by the continuance of innumerable practices, and his uttermost endeavours, he sought nothing more than to obstruct their Reformation, ruin the Parliament, and put all the Kingdom into consusion, by a most bloody and destructive war; which the Assembly perceiving, and that his intent in pursuing his designs full six years together, and so long as he was able, aimed at the utter overthrow of the Laws, and envassaladge of the people, and that he had entailed this quarrel on his Son and his Heirs-males in perpetuum; how impossible then it was for the Parliament to settle a firm peace throughout the three Kingdoms, by readmitting the King full fraught, (though a prisoner) with his wont Principles and designs, or to take in any of his Posterity (aforehand indoctrinated, in their Father's frauds and subtleties) might amaze the wisest of men, even Solomon himself, to find out any other way how to free the Nation from perpetual Tyranny and bloodshed, but by cutting off both the Father and Son which were so deeply interessed in the controversy; and to make the same use of their victories for the future security and indemnity of the people, as the King himself intended to do in the behalf of himself and his Successor, had the fortune of a Conquest befallen him; thus much in general, as to the grounds of the Parliaments resolution of cutting off the King and his Posterity; as to the particular reasons, I pray take them in their order. 1. They allege, that they had no choice left them whereby to save the Nation from utter ruin, but were by the Law of necessity enforced upon them by the King himself and of his own seeking both to cut off him and exclude his Posterity. 2. That having had so long patience, and taken such infinite pains during all the wars, (after he had lost all and was a Prisoner,) to satisfy him from time to time, in what possibly they could in all things questionable between them, and on all his exceptions to reason the case all along with him in their several Answers and Replies to his Papers, Expresses, and Protestations, attested before God and his Holy Angels, pretending still how really he meant, when by long and sad experience, they found all his pretences fraudulent; yet could they never satisfy him with any Arguments either of Law or Reason, but that his own Reason, his Will, his Honour, his Conscience, must be the only Directory to the Parliament, theirs of no esteem with him. 3. That notwithstanding their many Addresses and humble Petitions presented unto him (after his causeless recess from the Parliament) for his return with honour and profit, with this only reservation to leave Delinquents to the judgement of his Supreme Court, they prevailed not, but he defended them, and was the screen to most notorious Offenders, professing still a willingness to peace and Treaties (only to get advantages) when he most intended War and Conquest. 4. That such was the obstinacy of his natural inclination (which himself miscalls constancy) from which they found it was impossible to dissuade him, or yield to any (reason never so well measured by them,) but that they must yield to his, though never so unreasonably pressed by himself. 5. That in this wilful pursuance to obtain his most unjust ends, he incorrigibly persisted to the last, without the least reluctation ●or acknowledgement, that any fault was in himself (until he was a Prisoner) but evermore laid all the blame on the Parliament. 6. That in this long persistance, he had wearied and beggared all his friends and assistants, at home and abroad, to the desolation of three flourishing Kingdoms, by the continuation of his Hostility, to the destruction of a million of poor Innocent souls, without any remorse of so much blood spilt, more than of one man, his wicked * Straford. Instrument. 7. That when he protested most, and to the height of imprecation, the Parliament at last found by the Testimony of his own Letters under his hand-writing, that he meant nothing less and more contrary, then to his usual Protestations. 8. That neither all the Honours, Manors, and Lands of the Crown, or his own blood, (without true repentance) could be a sufficient expiation to God, or recompense to his subjects, for the infinite bloodshed, rapines, and dilapidatins made on the Natives of three Kingdoms. 9 That such was his insensibility of bloodshed, that the many Lords, Gentlemen, and infinite others of inferior quality (slaughtetered in his bloody quarrel) he made no other reckoning of them then this, viz. that they suffered no more than of duty they were bound to do for their King, which he avouched on the death of the Earl of Northampton. 10. That those unjust pretences which he made, under the notion of his Royal Prerogatives, viz. the Militia, power of War, Peace, Leagues, Treaties, Array of the people, his negative Voice in all Parliaments, pardoning of Murderers and Felons condemned by the Laws of the Land, were all at his only disposure, whereas by the known Laws of the Realm, they have been only entrusted and conferred on our Kings by the indulgence of the people in their Representatives, as hereafter shall manifestly appear. 11. That all his Treaties with the Parliament for peace were , and his Propositions evermore umbrated under specious pretexts, subtleties, subtersuges, and mental reservations, as 'twas evident in that at Colebrook and Uxbridge, and more apparent by his own Letters to the Duke of * Vide, The King's Letters to the Duke of Rich. mond, with others to the Queen. Richmond, viz. Not to forget to cajole well the Scots; and by that at Oxford, by Registering in the Councel-books his calling them a Parliament with mental reservations, though not ex animo so acknowledged, yet summoned by his own Writs, and often so esteemed and called by himself, and acknowledged to be a legal Parliament by his own mongrel Conventicle at Oxford. 12 That in all his Declarations and Expresses to the Parliament, he evermore seemed to have a tender regard both towards them and the people, when he only intended his own interests with the advance of the Sovereignty to absoluteness by the power of the sword, and to convey his designs to his Successors, as in the instance of the * Vide, One of the Kings Expresses, where he yields the Militia during his own life, but not sor his Sons. Militia, is most perspicuous, when he perceived that the Parliament would no longer trust so dangerous weapons in his hands. 13. That some of his best friends suspected him to be too much versed in the Florentine Principles, as indoctrinated by a French and Italian party constantly resident in his own Court, and stickled on by the in●usions of the Queen-Mother & the Daughter, both which had gained a great interest, & had chiefest influence on his Concels; and as'tis well known, was wholly governed as the Queen lifted, and at last, his inclinations so strictly tied up as that they were not subject to any other alteration then as she prescribed, which was a Rule to whatsoever he undretook. 14. That he was not wanting to himself (for promoting of his arbitrary designs) to make use of Machiavels principle, Divide & impera, evermore to sow divisions, and to cherish any dissension arising between the Parliament and their friends, thereby to ruin them by themselves. Thus Gentlemen, according to your desires, I have given you an account of those Reasons which have been given me, wherefore the Parliament enterprised on the change of the Government by cutting off the King and his Posterity, the premises being so true and undeniable, that they satisfied me, and prevailed so sar on my belief, that I conceive the Parliament could not otherwise possibly have secured the Nation from farther ruin; as also that their resolutions therein were directed by the special hand of God, considered together with the and great constant charge incident to Monarchy, the often pressures, and oppressions of the subject through the Tyranny, ambition, and prodigality of most of our Kings, the two last having beggared and impoverished them most of all others, on which considerations, the Parliament in reason of State, and as the state of the controyersie than was between them and the King, they found it much better to quit themselves and the people of Regal Government, and to change it into a Republic, as a more safe and cheaper Government, rather than any longer to hazard the common liberty on the Rule of any one Prince whatsoever; especially not to trust those of the Sotch Nation; all our Histories and the Parliaments sad experience having taught them, that of late years, the Sovereignty by the ambition and artifices of both the late Kings was strained and tentered up to so high a pitch, that it would not stoop to a lower power than that of absoluteness. Now more particularly to answer your Querie as concerning the King of Scots, the two Dukes, with the rest of the late King's loins; it seems likewise, that the Parliament knowing them to be the Sons of that father, who had more wasted the Land then all of the Norman Race before him, they had small hopes left them; that any of the same line would be much better, being tutored aforehand by the Father, and at present residing in a French Academy, which if admitted to the Government, in all likelihood would be no other than the cause of more blood, more charge, trouble, misery and sorrow to the people; very few of our Kings having given the Nation any great cause to be overmuch enamoured with their Governments, but most of the best much repentance, through their Tyrannies and oppressions. Prel. Sir, I profess, you have given me fuller satisfaction than I could expect; and I believe that you have taken the right measure of the Parliaments foot, with the true reasons wherefore they have not only cut off the Father, but excluded all his Discendants; only in the point of their changing the kingly Government into a Republic as more secure and cheaper for the Nation, this is a riddle to me; for lamentable experience enforms us, that all the oppressions and grievances of the people, by all, or most of our Kings, and those so much upbraided and caft in the face of the late King, I dare affirm amounts not to the fisth part of the charge and Contributions imposed on the Natives by the Parliament; if you grant this for truth, as I presume you cannot gainsay it, doubtless then the State here in being, have brought the people to a very bad market, since 'tis manifest, that what by the Monthly Contributions, the rigorous exactions of the Officers of the Customs on all Merchandise, together with the Excise on all we eat or drink, with the free quartering of the Soldiers in most parts of the Land, are far beyond all the Taxes, Impositions and Subsides which the late King imposed or intended to lay on the people, which gives them no great cause to rejoice and make merry, either for their safety or the cheapness of the exchange; Answer me to this point, and I shall (as the Colonel even now said) give you fair leave to carry away the bucklers, and henceforth acknowledge you for an expert Fencer. Thraso. God a-mercy honest Doctor, in good faith, thou hast now given him a bone to pick that will stick in his teeth; if he answers this to any purpose, he shall not only carry away the Bucklers, but I shall willingly give him my sword into the bargain, and then damn him for me, that will ever fight one stroke more in the quarrel. Patri. Colonel, you and your party have gotten such a habit of swearing, and in such fearful volleys of Oaths, as that had your cause been much better than it was, God could not bless it or give you any good success therein: but I beseech you leave your profanation, and then have patience a while, for you have very good reason to leave fight, when you are so ready to departed with your weapons; but lay your sword to the stake, and then see what in the end will become of him; for whatsoever the Doctor hath objected concerning the present impositions, (which are confessed to be very heavy on the poor people) yet when you know all, it would have been much better he had said nothing, since I perceive none of you all ever sounded the late King's depth and what he intended, or took the least measure of his foot; for indeed he was too dark for any of your light to see into his designs; and to tell you more, he was too cunning for any that he employed; though some there are which accounted him for little more than an Iguoramus, but one of the shrewdest ones for his reaches to his own ends, of any Prince of his time: True it is, that the Parliament, though they suspected him at the first sitting down, and before, yet knew not a long time what he had in hand, otherwise The Juncto and the King's Letters taken at Nasby, the only means that the Parliament came to the knowledge of his Intentions. then at random, until the discovery of the Juncto, which was the star that guided them to know somewhat more of his designs, than they could clearly discern before; and by degrees (as God would have it) more they came both to know and feel, when a long time after his private Letters were taken at Nasby, wherein more then enough came to light of his pernicious intents, or was fitting for a King so much courted and beloved of English Nation) to have attempted for their enslaving; a design (as I have said) though long since by some of the more intelligent sort understood, yet till that time never publicly known or visible; the only bar to the accomplishment, was that Bellum Episcopale, the Prelatical was against his Native subjects the Scots, which brought it so about, that the King's game which was a fair foregame, became in the end by the Scots resistance and managety, to an after and a lost game; and the truth is, the Scots were too subtle for all the kings Arbitrary Instruments, and understood more of his reaches then happily all of us here shall ever know. Now Doctor, as to your Objections concerning the present Taxes, Excises, Customs and Freequarter, I crave leave for a while to lay them aside, to which anon I shall particularly make answer; In the mean time, I think fit to present you with a Preparative, whereby to show you that all changes and alterations of Government, are and have evermore been accompanied with innumerable difficulties and hardships, especially where the sword begets them; & who knows not but that the sword is a very chargeable weapon, and such charges are most incident to green and new sprung up Governments, and cannot be avoided, as in this case, and alteration here with us you see cannot possibly be made good, without a vast expense, which necessarily ought to be defrayed by the people, for whose sakes and conservation of the common freedom, their trusties the Parliament thought fit and best for their future indemnity to adventure on the change of the Government, and then as the Adage speaks it, They which reap the gains ought to endure the pains; and 'tis most true, that although new gotten liberty be a sweet bait, yet it often falls out that the enjoyment thereof brings with it a great deal of sufferance, and yet must it be born with patience in hope of better times, which may give way to the unburthering of the sufferers. And so to your Objections, which I shall answer in their order; and first to the Excise, wherein I shall show you the mistake; since it seems you look only at the present Impositions without minding their causes, which as the postures of affairs now are, were necessitated and insorced on the Parliament to levy on the Nation; neither do you look back to those times wherein during the late king and his Father's reign, there was no cause or a piece of a reason to be given why any Taxes should have been impressed on the people without their consents in Parliament; yet for your better learning I shall assure you, that the very same House in Broad-Street, wherein the Office of the Excise is erected for the States use, was 20 Months at least before the late Parliaments summons rent by Cottington, and purposely for that use designed by the King himself, though protracted by reasons of the Scotch troubles: As to the Customs, we all know to what a height they were grown in the late King's time, to the great regret of the Merchant; but that you may know what farther was much about that time in agitation, there was a private * Vide, That and other Commissions in the Signet Office. Commission issued out under the Great Seal, wherein twenty eight Lords and Gentlemen were nominated and Authorized to raise on all the Commodities of the Land, what new Customs and Impositions the Commissioners should think sit, which was the highest strain of Arbitrary power, that ever was attempted by any of our Kings. As to freequarter, it is confessed to have been a very grievous burden on the people, not only to pay their Monthly Contributions, but to be for●'t to give the Soldier freequarter wheresoever he marched; But to answer you in a word, that grievance hath been a good space since taken away, and the Soldier wheresoever he now Quarters, pays both for horse and man's meat; moreover the States have very much lessened their Forces, only retaining such numbers of horse and foot as may keep in awe such as you Colonel of the Royal Party, which if not secured, it may happily be more hurtful to the Nation, than the not securing of our outworks against the ingrateful Dutch, on whom the Malignant party (which are still rotten at the heart) looks upon with a pleasing eye, in hopes so to order their designs, as at last to bring in the Scotch Pretender, though to their own particular ruin, and the general destruction of the poor innocent people; but in farther answer to your Objections, suffer me to put you in remembrance, what long since, and before the late War began, was projected by the late king, when he was in peace and amity with all the Princes of Europe; you shall find it most true, that in so great a calm of quietness divers Regiments of German horse were designed to be transpotted hither to keep all the Natives in awe and under the whip; and in order to that, the Deputy Straford, in as calm a time of quietness as ever Ireland enjoyed, had raised there an Army of near ten thousand Papists, which for many Months and some years together were there both disciplined, quartered and paid, for the most part at the charge of private men, and such as were averse to his Tyrannous courses; and in addition to those grievances on the Irish, Scotch, and English, the imperious Deputy having taken to farm the Customs of that Kingdom at an excessive undervalue, he imposed on all the Commodities of the Land, an incredible surplusage above the Rent he paid to the King. Happily you may here ask the Question, to what end such an Army was there raised and quartered on the Irish, and so great Taxes imposed on all the Commodities of that kingdom? I answer, The Deputy himself tells you the reason, as you may see it in the * Vide. The Juncto. Juncto; You have an Army (says he to the King) in Ireland to reduce this Kingdom: If you put the Question farther, Why to reduce this kingdom being in peace; I shall tell you, that Army of foot with the German horse were all to be Garrisoned in England on freequarter, to amuse and keep the people in subjection, whilst the king played his game for the reducing the Scots, & to the Enslaving of all the three Nations; If again you demand, What the King would have done with so vast a Treasure as he intended to raise on both Kingdom; the Deputy could have yielded you a reason and precedent for this too, viz. to erect Castles and Forts in both Kingdoms, * Witness his great Structure not far from Dublin. Houses of pleasure, as capacious as Towns, Parks of as large an extent as whole Parishes, Masks, Friscals, Comedies, Tragedies for the Saboth, Banquets, Junkets, and suchlike petulancies, wherewith to please the Queen and the Court Ladies, to gratify Madam Nurse, her Fiddlers and Dancing-Masters; for rest assured, that the King meant not longer to depend on Parliamentary assistance for defraying of the Court expenses, neither to be controlled for any irregularity he pleased to put in execution; and this (as tenacious as he was) had often dropped from his own mouth; and Cottington could openly say at his own Table 1638, when a Gentleman of honour told him, That the best way for the King to fill his Coffers, would be by the aids of Parliament; What needs that (replies Cottington?) the King hath other ways in hand to supply his wants without Parliaments: And indeed gentlemen, as it seems, you know not what the King had then in agitation; some what more I shall tell you, that there were certain odd * Dangerous Papers of the Duputies discovered. Papers of the Deputies, which I find not were in question at his Arrainment; for the Parliament had proof enough wherewith to charge him of his intention to alter the Government; but those Papers intimate that the design was laid, that no man was to stir above ten miles from his Habitation without leave and showing his occasion, and that no man was to be master of his own Train Arms, either for his Domestic use or the Public defence, but that every Particulars man's Arms were to be deposited in one Magazine, and in one place, throughout all the Countries of England and Wales; neither was any Houshoulder to be permitted to have the use of so much as a Pitchfork without special licence; such a strange change of Sovereignty was not only in hatching, but in the high way of execution, had it not been put by and obstructed (as already is declared) by the refractory Scot, who marred all the King's work, the Deputies, Archbishops, and Cottingtons' endeavours to have accomplished the whole design; but how Almighty God i● his Justice hath disappointed and disposed of them all, I leave to your second considerations. Now Doctor, if I have not given you a full Answer to all your Objections, would my leisure permit my longer stay, I could give you a little better satisfaction; but for the present I say no more, but examine well the case, as the King (before the Wars began) was carrying on his designs, and at a time when he had no cause at all to attempt as he did, and then take into your more serious consideration the Parliaments case and condition which enforced them for safeguard of themselves and those that trusted them, to leavie men and money, and since of necessity to Impose Contributions on the the people for support of the common Interest, and then you will find a great difference between one and the others case; only for a close of our Conference, and in farther proof of the premises, I beseech you tell me, wherefore the King (at this last Expedition against the Sco●s 1640) Commissioned Cottington Lord-Warden of the Tower, with injunction to see that place well Fortified and man'd, which in obedience to his Majesty in commands was presently put Execution, but with such a refuse of Bankrupt * Billingsly and Suckling. Colonels and Soldiers as could not be matched in all the Kingdom, & then to mount near upon twenty great Guns on the White Tower, with their mussels turned against the City; if you cannot tell the the reason, I'll tell it you; That it was to awe the Citizens, out of fear and jealousy that some one or other insurrection (which the Projectors own guilty consciences suggested to themselves) might fall out during the King's absence in the North, and to mar the work he had then in design, before it came to maturity to be put in execution. Why then and at the very same time, the King should Commission the late Earl of Worcester, a professed Papist (as Cottington was no better) as Lord Precedent of the Welch-Marches, commanding the Earl of Bridge-water a sound Protestant to desert that government by Letters under his own hand, which on his examination in Parliament wherefor he waved that command, he produced for his justification, where the reason inserted was for his special service (a proper service if you mark it) Now if you demand, What that service might be, I shall instantly tell you to what purpose, as 'twas then spoken publico consensu; neither ever since denied, viz. the same Earl being Owner of one of the strongest * Ragland. Castles in those parts, seated amidst the greatest nest of Papists of any one place in the Kingdom, had private commission from the King to raise 6000 of them for his Majesty's service, and that service was to convoy the Irish Army on their arrival, and to join with them when the King pleased to transport them for mastering all those Western parts, and to be farther employed as his occasions should require; for of such kind of occasions (though never so needless, unnecessary and destructive, through the whole course of his Reign, (as a fate that followed him to the last) he would not be unfurnished. Why then the late Earl of Arundel, another suspected Papist, was at the very same time Commissioned for the North parts; you may safely aver, there was no very good meaning in these exorbitant undertake; or other reason to be given for their constant pursuance, but that they all tended to enslave the three Nations, and to subject them all under his Arbitrary Power; If any of you here think otherwise, as many thousands there are which will not believe it, I say no more, but that they want wit, but more wisdom to make a right judgement, not of things doubtful and hidden, but of matters visible, and acted on the Theatre of the Kingdom: Therefore Gentlemen, be not still blind, neither wilfully stupid, but lay your hands to your hearts, and bethink yourselves wherefore the Parliament be-took themselves to their defensive Arms, and the Scots on the same grounds to side with them; can you imagine for any other reasons, than the conservation of their joint interest, the freedoms and liberties of both Nations, since all the world can witness, that they were not only first invaded by the King, but designed together with the English to envassaladge; & that on the same design, he first b●gan the quarrel with the late Parliament, and therefore (as 'tis aforetold you) they could not in any reason or with safety of the people trust a perfidious Prince any longer with the Government, or admit of any more Kings: but in prevention of worse evils, which in all probability would happen to the prejudice of the universal Nation, to alter the Government, as now you see it established in peace, and in hopes that in short time it may prove much better, safer, and less burdensome to the people than the Regiment hath been, which you may be sure on'nt would have been much worse, had the King's designs prospered and taken effect, whether we look back on all the Motions of his Government before the Wars, or forward on that which had he been Victor, would necessarily have befallen the Nation; as to that, God knows, he came very near the accomplishment: But all of you may evidently see throughout the pursuit, that Almighty God did not, neither could he give a blessing to his bloody designs, and that a most fearful fare hath befallen the Prosecutor and his Father's house, together with most of his Assistants in that work of darkness for their bloody and ambitions affectations in opposition to God's Law, the Laws of the Land, and that of Nature's birthright; so that on a right understanding, you which are so much devoted and besotted to magnify and adore a Tyrant, cut off as well by the hand of God's justice as man's, have rather cause with thankfulness to adore his infinite Providence in taking him away, & likewise to magnify the Parliament as the instrument ordained of God for the preservation of your liberty, & the common interest of the Nations, much rather than to grudge and repine against the present settlement, rail and storm against those Magistrates whom God in his great mercy hath set over us, under whom, he that will may live quietly and contentedly; as to such as will not, I leave them to their fortune; and so Gentlemen, for this time I take my leave. Thra. I vow Patriotus, I never till now understood so much of the King's intentions; I could wish with all my heart, I had known his mind twelve years since; Sure I am, he deceived me, and a thousand more of us, with as fair words and plausible Protestations as ever could come from a Christian; but now I perceive your infallible proofs, and many of them as I well remember of his own hand-writing, and of my own knowledge, that all is not gold that glisters; and I protest on the reputatio of a Soldier, I now begin to have a better opinion of the Parliaments cause then hitherto I have had. Patri. Good Colonel, I have not the command of your opinion; I leave you to your own election to believe and judge as you shall see cause; only as you wish you had known the King's mind sooner, I wish he had known himself rather; for this nosce teipsum, the knowledge of ourselves is the best piece of Philosophy that any of us can possibly learn; and as to his fair and plausible language, whereby to attract to himself friends and assistants, I shall tell you somewhat, which I believe you took no notice of; for you were deceived in the King who had such a faculty of his own, that heretofore you could not say he was ever known to be overcheap to any whom he found not fit and serviceable for that purpose, to which he would employ him; but on the beginning of the wars the case was altered; for than it stood him upon to be more then ordinarily affable to all you of the Soldiery, since he was to make use of your service for the accomplishment of his ends, which with all my heart I have often wished that they had been better biased; and so Gentlemen, we must have a time to departed, sinace for these five hours or more, we have cost the ball from one to the other, and yet at last how different soever in our opinions, I joy in this, that we shall departed in love and friendship, not doubting but this meeting may make way for another of more mirth and less distaste, wishing and praying to the God of Peace, that in this universal disagreement of opinions in these times, that odium and hatred which so unhappily hath been contracted between brethren of one and the selfsame English blood upon the late fatal quarrel, may yet at length be buried in that pleasing Sepulchre of a cordial reconciliation, and that we may all submit, first to God's good will and pleasure, and next to that Government which by many visible manifestations he hath been pleased to establish, in the room of that which hath been so sanguinary, so displeasing to him, so dolorous & grievous to the poor innocent people, so improsperous and detrimental to all parties; and it shall be my continual suit unto him, who is the great King of the World, he that makes and unmakes Kings and States at his only will and pleasure, to put a period to our Calamities, which I fear cannot be permitted, as inconsistent with his Justice, or appeased with bare moralities, but with the realty of a true and timely repentance, which is the only sacrifice and propitiation that he loves, and the same for which we ought incessantly to pray, it may be given unto us all of this sinful Nation. Prel. Patriotus, I beseech you be not so hasty to departed before I have made an acknowledgement that you have convinced me in sundry particulars, especially by your two last Replies, which have given me more light, and better satisfaction than ever I received from any man living; And truly Sir, I shall ruminate on that which towards the conclusion of your last Reply you delivered, and so shall detain you no longer, but only to give you hearty thanks with assurance that I both love and honout you. Patri. Doctor, in a word more, my Endeavours throughout all our conference have been to make use of nothing but plain truth, neither to deliver any thing on bare trust, or delude you with flams without due proofs; and for conclusion, I wish you all to review, and take the particulars following into your second consideration, viz. First, with whom the Parliament had to do, and into what straits, difficulties, and Encumbrances they were intoy'ld and engaged, which was only by the continued wiles and practices of the late unfortunate King; next into what plunges and necessities they were driven for the preservation of the common interest and safety of the Nation, their own persons and the people by whom they were trusted together, with those necessitated and forcible reasons, which induced them to cut off the late King, as the cause of so much innocent blood spilt, with the exclusion of his Posterity, & change of the Government. In the next place, take the reasons of the continuation of the Contributions, for securing thereof, and staving off a second war, which the Malignant Party endeavours by bringing in the Scoth Pretender, which should it happen, in all probability may be more bloody and more intolerable for the people to bear, than the former have been, which by many infallible Arguments and demonstrations in our conference is made manifest. The premises duly considered, cannot be denied; why then the several parties in this great discrepancy of opinion, should not close in a cordial conjuncture, and unanimous agreement for conservation of their mutual interests, seems to me one of the great wonders of the world, but that some there are and not a few throughout the Land, which are possessed with a spirit of error, and taken with such an Egyptian blindness, that they cannot or will not see Gods high hand and Providence in this Miraculous change of affairs, neither their own happiness involved therein, but are led captive through their own wilfulness, supposing to make their condition better by multiplying their own miseries; so fatally besotted they are with their restless desires, by bringing in upon themselves and the whole Nation, tyranny, ruin, and desolation: It shall therefore be my hearty prayers to Almighty God, to open the eyes of their understanding, as I hope Gentlemen, he will in good time, which would be a comfort to all good and honest men, to be eye-witnesses of unity and concord between brethren of one faith, one language, one lineage, and withal my heart I wish it, of one unanimous spirit; then by God's blessing we should be more secure at home, and more formidable abroad; and so Gentlemen, once more I wish you a good-night, but with this engagement that you shall God-willing, shortly see on what sandy foundations the King built his designs, and on what a rotten building yourselves framed your hopes, with the groundless reasons which induced you to take part with a King, and how you have been all deluded by him under the specious pretence of Law and Loyalty, and that by the same way he came at last to ruin himself and his Posterity. Additionals to the former Discourse, for the better satisfaction of Royalists and all others mistaken in their opinions concerning the late King's Designs, the legality of his Prerogatives, with their destructive consequences, should he have obtained them by the Sword. AFter so long a time, so often Disputes, and so much written of the differences between the late King and Parliament, and after the determination of the Controversy, and a new Government established, to repeat de novo what was acted between both parties known to all of understanding, I know must incnr the severe censure of the most intelligent, should they not look upon the reasons, and take into their second considerations how at this time the present postures of affairs of State are traduced, censured, and cried down, not only by the old Royal party, but by numbers of other malicious distempered spirirs newly started up, since the dissolution of the late Parliament, which deny and call into question the verity of most passages acted on the open Theatre of the Nation. This hath induced me to revive and repeat some things not vulgarly known, though others, and most of that (which I crave leave now to recite) are visibly known to all the World, and that the enemies to the present Government are more now in number then eyer: I held myself bound (as a member of this Commonwealth) to vindicate truth, and to satisfy such as still are diffident of the truth of passages, as also to persuade others wavering in their belief, to stand fast to their old principles as the b●st and most safe for themselves in particular, and the common good of all the Nation in general: In pursuance whereof having in former the Discourse answered some of the principal objections of Royalists and others against the present Government, as they are abruptively discussed between the Inter-locutors variously and differently affected: We now come to show not only how the King himself, but those of his party, have been induced to believe the Sovereignty with those Lawless Prerogatives claimed by him as inseparables to the Crown, were of right, and by the Laws of the Land, to be disposed at his only will and pleasure as king and the supreme Governor of this Nation. These being the grounds and basis of the late horrid War, and the reasons wherefore he pretended to take up Arms to maintain them against the Parliament, which, as Royalists still constantly aver, were invaded by them: 'Tis most true, that the Parliament did and by their trust were bound to oppose him in those irregular claims, as inconsistent with the nature & constitution of the English Sovereignty, contradictory to the Laws, and prejudicial to the Rights and Liberties of the people. Now, forasmuch as Royalists do still constantly maintain, that their first engagements with the King were undertaken on just, loyal, honourable, honest, and religious grounds, and that the king suffered as an innocent Martyr in his own defence, under the specious pretexts of his injustice and Tyranny, and that themselves are enforc'● to live under Powers utterly unlawful, usurpatious, and tyrannical; May they be pleased to give me leave briefly to sum up the whole Controversy (intended for their own good, the quieting of their distempered spirits, the settlement of the universal people in the blessed harmony of peace and unanimity) their only distance and refractory humour to that of the present establishment being the only cause that the old Rupture cannot be soldered up and cemented, as it ought to be between brethren of one stock & that the States (after their many miraculous Achievements & Victories over so powerful enemies) are inforc'c to the great charge and grievance of the Natives, to keep in pay so many Armies for the prevention of such dangerous conspiracies as are daily hatched, and seen to flow from the fountain of their malicious hearts, whereas their conformity with the rest of the Natives, in obedience to the present powers, would be the speedy remedy and abatement of those heavy and Monthly Contributions continued on the people; wherein themselves would partake in the easement; the State and Commonwealth in the happiness and comfort, that so many Proselytes should be added to their number. Now in as much as the nature of this subject (by way of advice) will necessarily require some short repetition of the Kings proceed in the late prodigious War, wherein the grounds of their partaking with him are briefly stated; I shall entreat the Reader (of what garb or party soever) not to conceive that herein I take occasion to rake over the ashes of him who is at rest, but only for the better manifestation of truth (never more opposed then at present) and to let the universal Nation see and understand on what sandy foundations, not only the King, but the Royalists themselves built the whole fabric of his designs, how, and by whom they were promoted, to his own ruin, his posterity, and most of the Royal party, to the irreparable loss of three flourishing Kingdoms. Briefly then, that the King at his first access to the Crown had it in design (as an unhappy legacy left him by his Father King james) to advance the Regal power to absoluteness, conformable to the French Model, is a truth so perspicuous, as that divers persons of honour (than in Court) both perceived it, and feared the sad issues that would follow the King's ambitious affectations; True it is, the design a long time was carried on in the dark and mystical traverses of Court and State; but 1638 and 39 the King by his active * Strafford, Canterbury, Cottington. Agents, haing prepared all things in readiness, for the accomplishment both in England and Ireland, the only rub that then lay in his way of completing an universal invassaladge over the three Nations, and conforming the Church Government of Scotland suitable to the Episcopal Discipline of England, was the refractory Presbyterian Scot, whom he first tempted with the bait of a new Liturgy, and whether they should perceive the meaning thereof or not, was (amongst the first Projectors of this Innovation here in Court) not much reckoned of; for that in case of the Scots refusal, they very well understood, the King was resolved to compel them to submit by force of Arms; but the Scots utterly rejecting the Liturgy (as an Innovation and Invasion on their National Laws and Liberties) the King raised his first Army against them, and then the second (after a Pacification given them;) passages so commonly known to both Nations, that there needs no farther manifestation of their contrivances. But most certain it is, that then the King's grand design began more openly to appear, and that those two Northern Expeditions having exhausted his Treasure, with all that he could shift for, and the extremity of his want of money succeeding, produced the first and the late Parliament: Where we may not omit to show how the King at his first entry to the Crown, was after misled and most grossly betrayed, and by persons (of his own choice) from the very beginning of his reign to the last of his power, who had chiefest influence on his Counsels, which principally were the Bishops and his Court Chaplains, which more studied his inclinations then Divinty; and then to comply with whatsoever they found most agreeable to his natural appetite, which was the usual ladder wherewith they climbed to preferment; these sycophants well perceiving the bent and promptitude of his ambition to absolute Soveraingty, had learn'● the faculty of wresting of Scripture answerable to Arbitrary power, and made it their ordinary Pulpit-stuff to instill into his apprehensions, that the Subject had no other propriety in any thing he enjoyed but at the King's good pleasure: And to these there were another sort of * Lawyers. Gownsmen that could stretch Law and Statutes to the tenter of the King's designs; neither were there wanting many about his person even from the first to the last of his Power, that to gain his favour, had learned the art of compliance; so that I am confident to affirm (as being often conversant in the Court) that no Prince of his time and of his abilities, was ever so nursed up (what between those Clergy Lackeys, and his juggling Judges) in the principles of Tyranny (leaving out those forragn Pedagogues, as well masculine as femine, always in Court and most near his person) insomuch as at last he knew not, or would not know the nature and constitution of the English Sovereignty, neither what the nature of those Royal Prerogatives he claimed were, how entrusted and invested in him, but took them for no other than his own proper inheritance, to be used as his he should think most conducible to the advance of his absolute power. But to return to the late Parliaments first sitting down, and to relate what in the first place they fell upon, as of highest concernment to be redressed, most certain it is that they finding the many grievances of the people, with the various innovations, disorders, and distempers of the State and Church, all concentring in the King's indigence, they took it into their serions consultations first of all to call to an account such Participants of the King's Counsels, as were well known to have been the principal Instruments for promoting of Arbitrary power, and then to apply themselves to the redress of the Public disorders, and rectifying of the obliquities both in the Church and Commonwealth, crept in through the long dis-use of Parliaments. We shall only touch on the most eminent passages during their first fifteen Months sitting, viz. The Attaching and Arraignment of the Earl of Strafford, the Archbishop, the flight of the Lord Keeper Finch, Secretary Windibank, Piercy, Jermine, Suckling, all of them prime sticklers for the advance of the King's designs, etc. In the next place, the King's continued practices to corrupt his own Army, and that of the Scots, inviting them with great rewards and promises of preferment, to march against the Parliament, which on any conditions he was then resolved to destroy; his then succeeding journey into Scotland, with the breaking out of the Irish Rebellion during his residence there; his assault of the House of Commons on his return; his then fortifying and manning of Whitehall with the Cavaliers; and when he found that by none of these artifices he could break the Parliament, he leaves them and departs to York, sends Eliot for the Great Seal, and procures as many as possibly he could of both Houses to falsify their trust and adhere to him, so to divide and destract them, and then raises an Army, causing the Lords there attending him, to attest that he raised that Army only for a Guard to his Person, and not against the Parliament, and immediately sends out his Commissions of Array, and marches through several Counties to Nottingham, where he erected his Standard of War, and after marches to Edgehill where he fought with the Parliaments Army, notwithstanding that before from Nottingham he would have persuaded the Parliament by an Express of his own, that he did not set up his Standard against them; all which and much more of his prodigious Stratagems known to all the World, makes it apparent, that his intent was to destroy the Parliament, and consequently to alter the Government and the Laws as he listed; and yet there are at present a new sprung-up number of perverse people amongst us (besides the old Royal party) that impudently deny the premises, and take occasion upon this late change and dissolution of the Parliament, and the continuation of the Contributions, to asperse the present Parliament with most opprobrious language. I wish they would look back to the cause; and how diffident soever they are of the kings destructive intentions, yet may they please to take a review of his after-actions, and what horrible cruelties and oppressions were perpetrated throughout most parts of the Land, by his Commanders, authorized under his own Commissions, after he began the War at Edgehill, and made Oxford his Head quarters; then questionless they may take the true dimensions of a most unfortunate and tyrannical King; neither would it be amiss for them to take it into their remembrance, what the Parliament in so perplexed times were constrained to put in execution, as well for their own safeties as the preservation of the Laws and Liberties of the people. Thus far in brief we have made a recital of the principal transactions before that fatal battle at Edgehil, whence all Royalists and others diffident of the King's destructive intentions, may evidently see unto what plunges the Parliament was put unto upon the Irish Rebellion, in relief of their poor distressed brethren in Ireland, that affair by the King himself bring wholly recommended to the Parliaments disposement, & 400000l. in Subsidies assented by himself to be levied to that only use, and the Earl of Leycester by his own approbation designed for that employment, whom he so long protracted, that the term of his Commission was near expired before he went over; and as to his proclaiming them Rebels, to which the Parliament often pressed him, he would not in a long time suffer his Proclamations to come forth; and at last, permitted no more than 40 Copies to be printed; notwithstanding these his impediments, the Parliament with their best Expedition sent over divers Regiments of foot, some horse and by the way of Minyard and Chester. The premises considered by any indifferent man, with what honour then or justice could the king countermand those Forces, and seize the , horses and money sent to the relief of the poor distressed Irish Protestant's against his own Act and Assent? and by what law or colour of Reason could he in honour grant the remainder of the third part of that Subsidy to his Lieutenant-General of South Wales, for raising of an Army there against the Parliament, diverting the use thereof for the relief of Ireland? What answer can be made to this, other than that which with impudence of the highest strain is commonly alleged by Royalists? viz. That the king stood bound both in honour and reason of State to support the Rebellious Irish, in what possibly he could, so to lessen the Parliaments power by what means soever for advance of his own: If this be the reason, surely than 'tis evident, that he not only favoured the Irish, but authorised their Insurrection, and that his intent was to encumber and cut out as much work for the Parliament as possibly he could invent, and in that course to protract the War in Ireland, and to pursue it in England, as 'tis most manifest he did during full six years together; neither would he be induced by the Parliaments many and most humble Petitions, really to apply himself to a safe and well-grounded Peace for the Nation, though still pretending how willing he was to embrace it, when as by the sequel he intended to have it no other than as suited to his own will and pleasure; and yet all of the Royal party as constantly defends him, as himself obstinately persisted (so long as his power lasted) to imbrue all the three Nations with blood, fire, and devastation; and to his last * Vide, The King's Speech on the Scaffold. hour stood stiffly in the affirmative, that the absolute command of the Militia was his; and that the Parliament on that only ground, first began the War, and not he, contrary to his own acknowledgement in the I'll of Wight and elsewhere, viz. That he had been the cause of all the innocent blood spilt throughout the Land; I wish he were not guilty of that in Ireland: the presumptions being so pregnant, as that thousands of honest and knowing men cannot be otherwise persuaded; sure enough, he was most notoriously guilty of all the blood spilt in England and Scotland. We now come to the king's Prerogatives as the basis on which all Royalists ground the lawfulness of their partaking with him in the late War, as bound by Oath, their Allegiance, and in conscience to support his Sovereign Rights; We shall for their better satisfaction, present them in a Catalogue, and answer them in their order; forasmuch as they still constantly maintain them to be the kings, inseparably united to the Crown; and that full sore against his will, he was enforced to uphold them as invaded by the Parliament; since then that (as Royalists aver) the King only fought to uphold his inheritance and themselves with him; let us briefly examine by what Law and right he claimed them, together with the destrctive consequences, should he have obtained them by the sword, and whether then he had not carved out his own work to the enslaving of the Nation. Of the Prerogatives Royal, which the late King claimed as inseparables of the Crown. 1. OF the Royal Power, what it is. 2. His sole and absolute power over the Militia. 3. His Negative voice in all Parliaments. 4. His power to Array the people at will and pleasure. 5. His Prerogative to call and dissolve Parliaments at pleasure. 6. His Prerogative to pardon Murderers and Felons. 7. His Prerogative to dispose of Wards, Madmen and Lunatics, etc. 8. Lastly, that Tyrannous assertion of his own and his Father King james, viz. That they were not bound to give account of their actions to any but to God alone. These Prerogatives claimed by the late King, as the Royalists say, were invaded by the Parliament, and the grounds of the late destructive Wars; happily after-Ages as well as the present, may be inquisitive to know whether they were so legally in the King's absolute power, that he stood bound to uphold them by the sword to the ruin of the Kingdom? and whether the Parliament (by their trust) stood not more obliged to withstand them as encroachments on the common freedoms and liberties of the people? We shall therefore (for the general satisfaction) briefly show the extent of them all, as they are either defined by our ancient Lawyers, or confined and limited by our common Laws and Statutes. The Royal power, what it is. FIrst then, that this Royal power of our Kings, hath never been any other than a limited and entrusted power to govern by Law, to which their Coronation Oaths oblige them, which may very well satisfy any rational man, and save us the labour farther to dispute this point. But we shall make it more plain, that the highest of this Royal power was never more by the Law of the Land (throughout all Ages) then in the executive power, Ius suum cuique tribuere, to give to every subject his right; neither can the King otherwise dispense this right or Law to the people, but in and by his Courts of Judicature, non per se tantum, not by himself out of the law of his own breast; for that's plain Tyranny; Stat pro ratione voluntas; & quod principi placuit, legis habet vigorem (which are the common principles of all Tyrants) that, That shall be the Law which the king wills, which is more than the Grand Signior claims or exerciseth; neither can this Royal power (whatsoever of late times by flattering Lawyers hath been exposed to deceive the people) enable the king to do that which the Law forbids. What kings as Tyrants will do, makes nothing to the matter in question, but what they ought to do, and what by the Law, their Oath, and duty of their Office, they are bound to do, is the true state of this Question: Neither were any of our kings ever so absolute in power and Supremacy, but that by the fundamental Laws of this Land, they had their Superiors, and those which were above them, as one of the most eminent and ancient of our * Bracton. Lawyers affirms, (often recited during the late Controversy) viz. Rex habet superiorem, scilicet legem, per quam factus est Rex; alterum, scilicet curiam, comites, & Barones; which is, The king hath a superior, to wit, the Law by which he is made king, another (though very much scorned by the late king) viz. The Court of Parliament composed of the Earls, Barons and selected Gentry of the Land; for this Court hath in it the Legislative power or the Authority of making Laws; and who knows not the old principle, Quod efficit tale, est magis tale; that which makes the thing, is greater than the thing made? And another of our eminent and learned Lawyers, Fortiscue Chancellor to Henry the Sixth. fol. 40. cap. 18. positively delivers it as a fundamental Law, that the king's power is no other than that which the Law gives him, and that cannot be farther extended or made greater without the assent of the whole Realm; for should it be otherwise, it follows that the king might then sell, or dispose of the kingdom to whom he pleaseth, which by the Law he cannot do; neither (by the ancient Laws of the Land) can the king sell, or alienate the Regalia and Jewels of the Crown (though the late king took the liberty to sell them for Arms against the Parliament) neither can the King by his own sole power, dispose of the Cities, Towns, Forts, and Castles of the Kingdom, as the Scotch Lords 1639 told him in downright terms on his fortifying of the Castles of Edinburgh and Dunbarton; and the reasons they gave, were valid both in Law and reason; for that those Forts and Castles were built for defence, security and safety of the people against Invadors, and not for their offence to be man'd and fortified at the King's pleasure against themselves; And the reason of this Law is rendered by a most learned and expert * Novil. 85. princi. cap. 18. Jurist, viz. Quod Magistratus sit nudus dispensator & defensor jurium Regni, constat ex eo quod non possit alienare Imperium, oppida, urbes, regionesve, vel res subditorum, bonave Regni, quia Rex Regni non proprietarius: Which is, that a King or Magistrate is no more than a bare dispenser of the Laws of h●s Kingdom; and the reason is manifest, for that he cannot sell or alenate the Kingdom, or the Cities, Towns and Provinces thereof, neither the Subject's goods, or goods of the Kingdom, because the King is only the Director, not the Owner and Propriator of the kingdom: But Royalists and some juggling * Judge jenkin's. Lawyers and ignorant Divines, have both taught and written the contrary, and made the late king believe that his power was absolute and without bounds, which is fearful to imagine, and shameful in those which continue to possess the people with such damnable untruths, as lamentable it is to see the generality of the Nation to stand still unshaken in their belief that the king's rights were invaded, and himself inforc'● to make war for his own; the contrary whereunto, that his power stood bounded and limited by the Laws of the Land, hath been so often alleged and pressed upon him by the Parliament, in their Answers and Expresses, that the re enforcing of more Arguments on a subject so much overworn would be nauseous to all ingenious Readers. To period this particular, as 'tis the goundwork of all the kings other Prerogative claims, I shall only put all Royalists in remembrance of that which the Earl of Strafford averred to the king 1640. viz. * Vide, The juncto. lose and absolved from all the reins of Government; whether this assertion (amongst other of the Deputies) tended not to place the king's power above the known Laws of the Land, I appeal to the judgement of any rational man; for as a late, a worthy * Mr. John Pim, in his Speech to the Lords. Member of Parliament observed at the Earls trial, that the Laws were the boundaries and measures betwixt the King's Prerogative, and the people's Liberty: But whether the king throughout the whole course of the late destructive War, and ●ome years before, was not a prompt disciple in the Deputies doctrine, I leave to Royalists to make their own judgement. And whether that which after befell the king and his Father's house, was not rather of the justice of heaven then of men, I leave to the judgement of all the world. Sure we are, the best Jurists maintain, Si Rex hostili animo arma contra populum gesserit, amittet Regnum; which is, that if a King with an hostile intent shall raise Arms against his people, he loseth or forfeits his kingdom: Now, that the late king assumed to himself such a Royal power as to raise Arms against the great Council of the Land, I suppose no man in his right wits can deny Its most true, a moderate Royal power to rule by the Laws, is doubtless of God's Ordinance; but a Tyrannical power to cut their throats, I am sure is of no Divine Institution, and a Dominion fit for beasts than men; yet this is that power which Royalists would have fastened on the king; and too many there are which constantly believe that the more injury was done him, that he had it not, as by the Laws of the Land they erroneously conceive he ought to have had. The Power of the Militia how the Kings. BRiefly now to the Militia, and what kind of power our kings by the Laws of England have had therein: It hath been often told the late king (all along the late Controversy) that the power of the Militia was in him no other than fiduciary, and not at his absolute dispose, or that at his own will and pleasure he might pervert the Arms and strength of the kingdom from their proper use, and against the intent of the Law (as ' its visibly known he did even to the highest breach of trust wherein a king could be entrusted:) Now for proof, that this power was only fiduciary, and by Statute Law first conferred on * Anno 7. Edw. 1. apud Westminster. Edw. 1. in trust, and not his by the Common Law, is most apparent, by the Express words of the Statute itself, which (as they are commonly inserted) were only for the the defence of the Land and safety of the people, (salus populi) being that grand Law and end of all Laws; now such as are versed in our History, know that this Prince was one of the most magnanimous kings that ever swayed the English Sceptre; and therefore it cannot be imaginable that he would clip his own power, and so great a right belonging to him by the Common Law, in accepting a less by Statute Law, to his own loss of power, or that ever he would have assented thereunto, by an after Act of his own, as follows in haec verba, viz. Whereas on sundry complaints made to us by the Lords and Commons in this present Parliament, that divers of the standing Bands have been removed and taken out of their respective Counties by virtue of our Commissions, and sent to us out of their Shires, into Scotland, Gascoyn and Gwoyn, and other parts beyond the Seas contrary to the Laws of the Land, etc. Our Sovereign Lord willeth that it shall be done so no more. Agreeable to this we find, Anno 1. Edw. 3d. viz. The King willeth that no man henceforth be charged to arm otherwise then he was wont in time of our Progenitors, the Kings of England, and that no man be compelled to go out of his Shire, but where necessity requireth, and the sudden coming in of strange Enemies into the Realm. And in the same king's time, there being a peace concluded between him and the French king, wherein the Duke of Britain was included, whom the French king shortly thereupon invaded, whereof complaint was made to king Edward, he instantly summons a Parliament, and there moves the Lords and Commons, both for their advice and assistance, whereupon it was concluded, that the king should be expeditiously supplied in aid of the Britton; but the Act was made with such provisoes and restrictions, as Royalists happily, and others of late years would have deemed them too dishonourable and unbefitting the late king's acceptance; howsoever this Act shows that the ordering of the Militia (of those times) was not solely left to the king's disposure; but that which is of more note, was, that both the Treasure then granted, was committed to certain persons in trust to be issued to the only use for which it was given; as also that no Treaty or any new peace or agreement with the French King should be made without the consent and privity of the Parliament; By these instances all Royalists may make a clear judgement, that the Militia of those times, and the power of the Arms of the Kingdom were never so absolutely conferred on our kings, as that their power therein extended to such a latitude as they might use them as they pleased, and to turn that power (provided for the only defence of the people) against themselves; and therefore wheresover we find the Militia, by other Statutes conferred, and yielded to the disposal of our kings, without any particular mention of the word (trust) which is necessarily employed, or expressed in most of the Statutes or their preambles, viz. * Note that these words, viz. for the defence of the Realm, or common profit are afore inserted ●ither in the Stat. themselves, or in their preamb. In these wotds, For the honour of God, the Church, common profit of the Realm, or defence of our people; No man in common reason can conceive the Militia to be such an inseparable flower of the Crown, as if it had been brought into the world with the King, and chained unto him as his birthright, but only as a permissive power recommended unto him by the people in their Representatives, as the most eminent and illustrious person to be entrusted with such choice weapons, in trust and confidence that he will use them not otherwise then to the end for which-they were concredited unto him as the Sovereign of the people, and for their only safety and defence which trusted him in honour of his person and place; Many other Statutes there are (though some of them repealed) which prove the Militia is only fiduciary, and not absolutely inherent to the Crowns of our Kings. Now for our conclusion of this senseless & illegal Prerogative (as to the absolute power thereof) let us in a word take notice of the destructive consequence; admitting this power should be left to the King's absolute disposure, it than follows that he may take all that the Subject hath (for he that hath the power of the sword, on the same ground may command the purse,) which the late King not only intended but practised; witness the many great sums of money, plate, jewels and other movables whatsoever taken either by his command or permission in the late Wars; the instances whereof would amount to a volumn; and as to his intentions, without injury to his memory, we may take notice of his own expressions, in his Letters to the Queen; viz. That though he wanted money, yet good swords and Pistols would fetch it in; Ex unque Leonis; We may judge of the Lion's strength by his paw, and of the king's intentions, had he lighted on the fortune to have mastered the Parliament. Of the King's Negative Voice in Parliament. WE now come to that so much asserted and inseparable Flower of the Crown (as the king and Royalists would have it believed,) viz. his Negative voice in Parliament; a claim so absurd and contrary to Law and Reason, that wise men may laugh at it, and fools discern the destructive consequence thereof; for at one blast or breath of the kings, it utterly frustrates the very Essence and Being of all Parliaments, and obstructs all their Consultations; and whatsoever they shall never so well advise and agree upon as a necessary Law, shall be made of no effect with this one single word of the kings (Negatur) which is point blank against his Coronation Oath, where he swears or aught to swear to Govern both by the old Laws, & per istas bonas leges quas vulgus eligerit, (though it pleased the Archbishop to emasculate that most essential part of the Oath, so to leave the king at liberty) and by such good Laws as the Parliament shall choose, so that the Legislative power hath always resided in that Sovereign Court to make and unmake Laws according to the vicissitude of times and change of men's manners, and not at the king's choice, who hath only the distributive power, when Laws are made to see them duly executed; and the Law of the Land also limits that power; for the king, (as before 'tis noted) cannot execute the Laws at his own pleasure, but in and by his Courts of Justice. But strange it is, what a ridiculous construction Royalists have made of the verb eligerit, to be meant in the preterpersect Tense and not of the future, to make any new Laws (though never so necessary) but that the people must stand to their old Laws (though some of them never so fit to be abrogated) unless the king please to give way to the establishing of new, or repealing of the old, which is a most irrational and destructive assertion: Neither may we omit to show what Royalists farther aver, that such is the necessity and force of the King's assent, that be the Law never so useful and beneficial for the people to be established, yet without the Kings (fiat) it can never have the force and stamp of a Law; which is the same as when the King chosen Generalissimo, and trusted with the conduct of the Kingdoms Armies, will turn the mouth of the Canon from the Enemy on his own Soldiers, and deny them to provide for their own safeties: such absurdities have the late and present Licenciates of this time ran into, as if men had been bewitched to betray their own freedoms; It is not denied, but that the King's assent to a Law (thought fit by the Parliament to be Enacted) is very necessary; yet it follows not that it must be of necessity; for if the King out of a perverse humour will not (after some time of consideration) assent to such a Law, which if not ratified by his (fiat) tends to the inevitable destruction of the Commonwealth, shall the public safety be neglected for the humouring of one man's obstinate will? and in such a case ought not the States Assembled in Parliament provide against a common mischief, Enact and Ordain for the public indemnity as former Precedents in such cases may direct them, and when no other remedy can be had? The Lords in the time of king Richard the Second, would not be so answered, when they sent him word that if he would not come to the Parliament (according to his promise) and join his helping hand to theirs in redress of the public grievances, they would choose such a King that should. The Array of the People. WE now come to the principal and practical part of the king's power over the Militia; for the Array of the people is the grand piece of that usurpatious claim; viz. That at his own will and pleasure he may send forth his Commissions to Array the people against themselves; and this power (under colour of Law, and of right belonging unto him) the universal Nation knows he forbore not to put in execution against their Representative, summoned by his own Writs, a precedent without precedent, neither for the legality known either in our Histories or Law-books, otherwise then by consent of Parliament, and in cases of immiment danger for opposing of an invading Enemy; but for a king trusted with the defence of his people, in calms of peaceable times, and on no necessity, to put in execution such a reasonless and unlimited power, as one of his Royal Prerogatives, and to maintain it by the sword, was besides the breach of his Royal trust; such a daring action, as none but a Tyrant in folio would have attempted. 'Tis true, that heretofore, during that long continued feud between the English and the Scots, divers Gentlemen of the North parts and others on the Welch-Borders of the king's Tenants, were by their Tenors bound to rise, watch and wind * Cornage Tenure. horns, on all incursions of the Scots; and of these kind of Tenors, Littleton treats in his chapter of petty Serjeanty; but I suppose none so very cowards (though not bound by their Tenors) but would take up Arms in the common defence, and contribute their best assistance for the expelling of an invading Enemy, though in this very case (by the Law of the Land.) 'Tis very dangerous for him, that shall raise Forces without special Commission from the King and Parliament; and * The Lords Cromwel's Case. Cromwell Earl of Essex in Henry the Eigth's Reign, (though at that time Lord Precedent of the North) died for no other cause then this, that he raised an Army both for the suppression of an insurrection, and expulsion of the Scots; so nice and provident our Ancestors have ever been of levying Armies in the bowels of the Land on any pretence whatsoever; But for the king first to raise an Army at York, assuring the Parliament that it was to no other end then for a Guard to his Person, and therewith to cause so many half-witted Lords (then attending him) to attest that for truth, which was false, as it manifestly appeared by his immediate marching to Nottingham, where he set up his Standard of War, as a summons of the people to his assistance against the Parliament, when himself was both the first Assaulter and Invader: and yet at that very instant of time, to reassure the Parliament, that he raised not his Standard against them: and at the same conjuncture● of time to send out his Commissions of Array, was doubtless such a breach of Trust, and a Treachery of so deep a die, as that in all our Histories we find it not parralleled amongst all our kings, but only in that Tyrant of Tyrant's king john, who indeed invaded the Land, and ruined the Castles, and Houses of the Barons & Gentry that opposed his Tyranny, and came not to his assistance at a call; and in this kind of Tyranny, it cannot be gainsaid, the late king came not behind him, if not exceeding that irregular king, as 'twas evident by this instance, that immediately after the sending forth of his Commissions of Array, on the heels of those, issued out his Commissions of Oyer & Terminer, to hang all those which adhered to the Parliament. But in a little more to the illegality of the king's Commissions of Array, both before and after the setting up of his Standard; surely those Lawyers that waited on him first at York, and after at Oxford, were doubtless those which mis●ed him, and with such artifices and pains drew up his Answer to the Parliaments Declaration of the first of july 1642, against the legality of the Commissions of Array. He that will take the pains to examine that Declaration compared with the kings Answer, may soon perceive that the Contrivers and Penners thereof were not so honest as they should have been, neither as it seems so well read in the Laws, or so expert workmen, as to avouch the Statute of the 4. & 5. of Hen. the 4. 150 times over in that Answer, and notstanding all their endeavours, to entrust the King with a legal power to send forth his Commissions for arraying of the people at his own will and pleasure without consent of Parliament; yet those fine johns for the king, have not, neither could they produce any scrap of Law or piece of Statute that enables the king to Array the people against themselves, to engage English against English, and to set so many as came into his assistance together by the ears with those which adhered to the Parliament, and at a time when there was not the least fear or expectation of an invading Enemy, more than of those which the Parliament feared should be sent him out of France, Lorraine, and Denmark; but to what other ends then to ruin the Parliament, let any impartial Royalist make his own judgement; 'tis true, that in case of Foreign invasions the king by Law hath been evermore trusted as Generalissimo to command the Force● of the Kingdom, for defence and safety of the people, and to no other end; and so was the Law expounded in Parliament, the thirteenth of Queen Elizabeth, but never so wrested before by any of our Lawyers, as by those that waited on the King, would have enforced thereby to empower him at pleasure, to command the strength of the Kingdom against itself; and surely it appears to me and thousands more, that forty Judges, Sergeants, and Lawyers, then in both Houses of Parliament, should better understand and know more of the Law, in the case of Commissions of Array, than those eight or ten * Littleton, Banks, Lane, Heath, the Attorney Herbert, Palmer, etc. sycophant fellows that followed, and animated the King in such irregular motions, only in hopes of preferment, and to form him into such a posture of absolute power, that when he pleased he might destroy himself and the Kingdom, as that to our grief we may remember they had taught him, and put him in the highway of the accomplishment. I remember a pertinent passage related in our Histories, how that the Earls of Warwick and Leycester being peremptorily summoned to attend Edward the First into France, the Earls in plain English told him, that by the Laws of the Land they were not bound to wait on him out of the Land at his pleasure, but only within the Realm and for the defence thereof, and that only on Invasions of Foreign Enemies; which agrees with that before recited of his taking the Traine-men out of their respective Counties by his Commissions, to serve him in Gascoyn, Gwyn, and other places beyond the Seas, contrary to the Laws of the Land, which grievance the King then redressed; neither could I ever yet find any one express Law or Statute that enables any of our Kings by their sole power without consent of Parliament to Array the people, but only in the case of Foreign Invasions, and coming in of strange Enemies; howsoever the Penners of the Kings Answer to the Parliaments Declaration, have laboured (though to no purpose) to prove it otherwise; however 'tis worth the observation, what fruitless pains they have taken in their frequent recitals of the Statutes of the 4. & 5. of Hen. 4th, the 13. of Edw. the 1ᵒ. 1. Ed: 2d. 25. of Edw. the 3d. 9 of Edw. 2d. the 4. & 5. of Phil. and Mary; 1ᵒ jacobi, with divers others, all of them principally tending to the Assize of Arming the Subject secundum facultates, according to his ability; those Assizes having been almost in every Reign altered, and the Statutes according to the vicissitudes of times, change of Arms, and invention of Guns, for the most part of them repealed, and new Statutes made in their rooms with power of Commissions to be issued as the exigency of affairs should require on Invasions from abroad, home defence on Insurrections, etc. All which so often and so much pressed in the Kings Answer made nothing to the matter in question, between him and the Parliament 1642. The point in question, was not then concerning the old Commissions of assizing Arms, or Commissions of Lieutenancies in every County; but the reasons of the Parliaments Declaration, and the exceptions they took, were against that exorbitant power the King assumed to himself under pretext of Law, to Array the people one against the other, and against their Representative, as that sure enough he failed not to put in practice, howsoever disguised under an elaborate and ridiculous Answer, when (as we have noted before) there is not one Statute or scrap of Law to be found in all our Law-books, that legally enables the King to raise war against a Court of Parliament, and raise combuston in the bowels of the Kingdom; which I trust may satisfy all Royalists, that the Parliament had then good cause to complain, when in times of Peace he made them times of war and desolation, by sending out those his illegal and destructive Commissions, which whether they were so or not, doubtless the Parliament was better able to judge and determine then the King or his Minions then attending his Person. Of the King's Prerogative to call and dissolve Parliaments at his own will and pleasure. AS to the King's power to call and dissolve Parliaments at his will & pleasure, to summon a Parliament with one breath, and blow it away with another blast of his mouth (as 'tis still frequently maintained by Royalists and others newly started up, that by Law and precedents he was enabled to do) is an assertion so irrational, as that I wonder not so much at their ignorance, as their audacious language; since 'tis the known Law of the Land, and by two Statutes of near 400 years standing, ordained, That Parliaments shall be called once every year, and oftener as the emergency of affairs may give occasion; why then it should rest in the king's only power to call them, and that his assent to a Triennial Parliament should be such a boon bestowed on the people, surely may increase the wonder, since by our old Laws and the usuages of former times, they ought not to be dissolved, until all grievances be heard and redressed; otherwise to what end or use were Parliaments Instituted? which as one calls them, are the Beasoms that sweep clean all the nasty corners of the Commonwealth. But observe the sad consequences of this absurdity; for suppose the King would not call any Parliament in ten or twelve years together till his necessities enforced him, how then should the public grievances be redressed, and by whom shall the disorders and obliquities of the Church and Commonwealth be rectified? Royalists Answer, by the king alone, or his Council of State, as the suprem Magistrate within his own Dominions; A strange task surely for one man to undergo, and more than that active Magistrate Moses was able to perform, as we may see by * Exo. 18. Iethroes Counsel, who advised to take into his assistance, the Princes and best of the people to aid him in the Administration of Justice to the Israelites, and all that with the least in a populous Nation. Well then, let it be considered how many grievous enormities and disorders (during that interval of ten years' discontinuance at least of Parliaments) were crept into the Church and State (merely through their disuse) we have sorry cause to remember, when through the pangs of the king's necessities, the ill managery of the public affairs, the prodigality of the Court, the corruption of all Courts of Justice & the Judicature, with the licentiousness of a dissolute Clergy, enforced him at last to call the late Parliament; yet how soon he endeavoured by his many wiles & practices to annihilate it, nay, by all possible means he could invent, hindered their endeavours, in reducing the Church and Commonwealth into order, never ceasing to interrupt their consultations, purposely to disorder and thrust all into a Chaos of confusion, insomuch as to this day, the Parliament have had their hands full to find out the means how to reduce and settle things in that order as at first they might have been, had not the public affairs been obstructed, and all reformation hindered by his only means, so to render them as odious to the future, and as contemptible to the people, as heretofore they were boloved and desired of them; notwithstanding that at their first sitting down he promised to contribute his own Authority to theirs, and to leave the reordering of all things amiss to their only managery, an overture so acceptable unto them, as that in retribution thereof, how willing and intentively bend they were (in the midst and heat of their distractions) to make him rich and glorious; and how indulgently ready to cover his faults in the recovery of his honour at home, and his reputation abroad, none unless blind men, or besotted, but may remember: But the truth was, he could not brook any Rival with himself in the Government, pursuing to the last his design of absoluteness so long, that in the end the Parliament was enforced not to retain any longer such a Rival as a King amongst them, but rather chose to estate the people in the same peaceable Government as we see it now established, then to imagine themselves able to better it by retaining of Kingship. Of the King's Prerogative in granting of Pardons to Murderers and Felons. WE now come to that Prerogative, or rather lawless usuage of our Kings in granting their Charters of pardon to Murderers and Felons condemned by the Laws of the Land. 'Tis confessed, that it hath been practised by all or most of our Kings, though as it may be supposed, rather permissively then by virtue of any Law extant; but by what warrant in Justice they have assumed such a Sovereign power to themselves, will be the question; for by God's Law, 'tis absolutely forbidden; Ye shall take no satisfaction for the life of a murderer which is guilty of death, but he shall be surely put to death. Numb. 35. 31. and vers. 33. Ye shall not pollute the Land wherein ye dwell, for blood defileth the land; and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it. Thus much briefly may suffice as to God's Law; Now as to the Laws of England, the King cannot pardon a Murderer or Felon condemned by the Laws of the Land, without a plain breach of those Laws and his Coronation Oath; for Anno 2d Edward the Third, it was by Act of Parliament ordained, that Charters of pardon should not be granted but only where the King may do it by his Oath. And further amongst this Kings often breaches of the Laws, this very particular of his frequent granting of pardons to Murderers was complained of in open Parliament; and the King by three several * 4. Edw. 3. I dem 16. Acts was restrained in those cases; but how faulty both the late Kings were in pardoning both Murderers & Felons condemned by the Laws, is too well known; and how guilty and insensible the late King was of shedding of innocent blood, three Kingdoms have lamentable cause to remember. Of Wards, Idiots and Mad men. AS to the King's Prerogative in taking of Wards and their Marrages, it hath been granted him by Statute Law, as hereafter shall appear; and as to Idiots incompos mentis, and madmen, or such as have by accident fallen into distraction, for the king to assume to himself their estates, doubtless there is no Law for it (as I can remember) extant, otherwise to dispose of their estates, but an account to be given to the next Heir at Law; and this of late years was resolved by Mr. Calthrop his own Aturney in the Court of Wards, in the case of the Widow of whose husband being burnt with powder at a muster in moorfield's died, & his wife for grief falling distracted, the King gave her estate to one of his * Mr. Ramsey. servants a Scotchman; but she having many children and good friends, they petitioned the King therein, and in the end he was pleased to retract his grant as to the whole of the estate, but with this proviso, that Ramsey should have the use thereof during the Widow's life, in case she continued incompos, giving security for the repayment to the children; but the Gentlewoman's friends found it unsafe to trust so great an estate as 30000. l. in Ramseys hands, and therefore with great difficulty they drew Ramsey to accept of 3000. l. ready money to to be quit of him. Of the King's assertion, that he was not accountable for his actions to any but to God alone. AS to that odious position or rather Tyrannical assertion, both of the Fathers and the Sons, that they were not accountable for their actions to any but to God alone, doubtless 'tis an impious position, and in the next degree to blasphemy, and cannot be (without repentance) forgiven of God, nor forgotten of men, and those of their subjects which felt the effects thereof. Should we longer insist on this Theme, and produce proofs that Kings for their irregularities and Tyrannies, have in divers Kingdoms been called to account, they would amount to a Volumn. The Justice of Arragon, the Ephori amongst the Lacedæmonians, the Senate of Rome, the Parliaments of England and Scotland, will soon evince and put this question out of doubt; for Kings as well as subjects, both by God's Laws and man's, are under the Law; and in this kingdom and many other well regulated Sovereignty's, they have been often overruled, withstood in their exorbitancies, sued at Law and evicted, and some deposed, expelled and sentenced to death; and should it not be so, Subjects would be no other than inanimate slaves; sure we are, Almighty God never impowered Kings with such absolute Sovereignty that might enable them to trample on their subjects without control. Saul made a rash vow (as a Law to the Isaelites) that none should eat any food all the day until the evening but he should die; jonathan, being then absent & not knowing thereof, had dipped his rod in a Honeycomb and tasted it; but being told of his Father's Law, he answered the people, My Father troubles Israel; and indeed such troublers there are amongst kings; howsoever jonathan was sentenced to death; but the people withstood the king, and swore that a hair of his head should not fall, and they rescued him in the face of the king; certainly should not there be some one other power in a kingdom to curb and control the exorbitancies of irregular kings (for few of them are Saints) no man should be exempted from their oppressions; and therefore Bracton delivers it as the law of the Land, that in such cases the Barons or Parliament ought not only to withstand oppressive kings, but to call them to account for their misdemeanours, which may suffice to show how much the two late kings were mistaken in this their Tyrannous assertion. Now Gentleman Royalists, these Sovereign Rights (as you would have them) so often treated on, utterly dissonant to the Laws of the Land, whereunto particularly I have briefly made answer, are those goodly Prerogatives wherewith you would have invested the late king as his indubitable birthrights, and inseparables of his Crown, for which you still constantly aver he was compelled to fight, and yourselves with him to uphold them; where I must by the way remember you of a time, when he shamed not to * Vide, The King's Coin at Oxford. divulge it to the whole Nation, that he fought for the Protestant Religion, the Laws of the Land, and Privileges of Parliaament (for he was not to seek wherein to please the people, and win them to his cause, though never so unjust) when as in truth he fought against all those three, and so long as until he could fight no more; but by what law or reason other than his own, none may better know then yourselves, which as well as infinite others that opposed him, have felt the fruits of your unadvisedness, & the effects of his obduracy, his cunning and crafty fetches to attract friends for backing of an unlimited Sovereignty, to which had he attained, it would have been no other then too heavy a burden for him to bear, a sting in his own conscience, & a sore in yours, which you will all find, whensoever it shall please God to open the eyes of your understanding, and enable you to see how you have been decoyed in with Oaths, Protestations, and hopes of preferment, & made the instruments of your own Invassalage. This if you believe not to have been the design, yet you may find it legible, not only in the claims and pretences he made to those illegal and irrational Prerogatives before recited, but more apparently figured in that bloody Rubric of a continued War, which he so long waged to be absolute master of them, and consequenly over all the free people of England. Thus have I shown you how invalid the grounds are whereon you continue to insist in justifying the late king and yourselves; how dissonant, and contrary to the Laws, usuages, and Statutes of the land; such was the wisdom and providence of our ancient Parliaments in all their enactings, evermore to prefer the common interest before the kings, though they failed not to gratify them (as they found them compliable, to the redress of the public grievances) with many Royal immunities, as we may find them registered in the Statutes at large, on the Title of Prerogative, some whereof I think fit here to present to your view, that so you may judge whether Sir Walter Rawly was not in the right, who avoucheth that few of our kings but have gotten ground and improved their Soverainties merely by their Parliaments, & as I verily believe none more than the late unfortunate King, had he been pleased, (in imitation of Queen Elizabeth) to have complied with the late Parliament. But as to his Prerogative of Wardships and Marriages, they were first conferred on our Kings 17 of Edw. 2d, their primer session, 52. Hen. 3d, the tuition of Idiots and distracted persons, 17. of Edw. 2d, 32. of Hen. 8th, but with several provisoes of accounts to be made to the next Heirs of Idiots, and the children of him that was incompos mentis. As to wracks of Sea, Whales etc. they were given by Parliaament to Edward the Second the 17 of his Reign; Felons goods the 9 of Hen. 3. power to make Justices of peace; 27. of Hen. 8. the Legitimation of the King's children born beyond the Seas; 25. Edw. 3. Tonage and Pondage to Edw. 4. pro tempore, yet granted to every of his Successors by the mere indulgence of their Parliaments, though the late King challenged it as his own right. I may not omit farther to inform you, that this Nation hath not been so much abused and deceived by any one proficient in our Laws, as by that false and juggling Judge jenkin's, who in his Lex * Lex Terrae, a most vile and fraudulent piece. Terrae, by his accumulation of several Statutes, insinuates and endeavours to make the King's power absolute, and consequently the people mee● Slaves and Vassals, alleging this and that to be the Law of the Land, which is not or ever was, taking his Authorities and Authors by piece-meals, curtaling the Statutes in their sense, without the explanation of their meanings and intents; whereby (on my own knowledge) he hath deceived and prevailed on the belief of many in the Nation: But not longer to insist on this subject, I shall only say, that the Sovereignty of our kings hath been ever of a mixed nature and not absolute; and as Bellarmine affirms of Monarchies in his Chapter De Romano Pontifiee, Monarchiam temperatam & mixtam inter Aristocratiam & Democratiam, semper meliorem esse puts: That a Monarchy mixed and tempered between an Aristocratical Government and a Democratical, is the best of all Governments: so am I bold to avouch such hath ever been the nature of our English Sovereignty; would the late King have so conceived of its constitution, or given credit to the old learned Lawyers, viz. Bracton, Fleta, Fortiscue, and many others; for the Kings of England have originally received their power from the people; Potestatem à populo effluxam Rex habet, quo non licet ●●potestate alia populo suo dominari, Fort. de leg. Aug. The King hath his power from the people, and ought not to govern them but by that Power and Law which he had from them; though Royalists generally have otherwise conceived thereof, supposing that the King cannot be a King, unless he be absolute in power and command over the people: which was the error or rather wilfulness of the late King, who knew not or would not know the extent of the English Sovereignty; but what out of his own inclinations, and others infusions he was induced to believe, that he could not rule otherwise then by a plenary power: which is most dangerous to himself: for plenitudo potestatis, est plenitudo tempestatis, and enables him to destroy himself at his own pleasure, though the late King conceived otherwise, and that to be subject to the control of a Court of Parliament, he could be no more than a mock-King, or a Duke of Venice; And certainly the generality of the people thought no less; and that a king was such a supernatural and Divine creature (not made up of sinful flesh and blood like other men) as the poor woman conceived of Henry the Eighth, who riding in progress through a Country Village, attended with a great train of Nobility, the Woman cried out, Show me the king; which of these is the king? He (quoth a footman) whom thou seest with a Feather in his Cap and a blue Ribbon about his neck; Who! cries out the woman, will you make me believe the Moon is made of Cheese; that's a very man, or else I never saw one in all my life; And the silly soul was in the right; for kings in their humane nature, are no other than mortal men, though in their other capacity (as they are kings the best of men in Supremacy) yet the worst, if they neglect the duty of that great Office wherewith they are invested (by God's appointment) for the public good, more than their own; but I have taken too much liberty in expatiating myself on a subject so often treated of; though my design therein extends not beyond my affection, which hath lead me rather to persuade by the soft Argument of Law and Reason, then in bitterness of language to exclaim against any mistaken in their opinions; not doubting that either themselves or any other (on due consideration) will tax me for impertinency; when as 'tis well known the whole state of the old Controversy (since the dissolution of the late Parliament) hath been and is assidually revived by Royalists, and a new disconted sort of malcontents, which forbear not to justify the late King in all his errors, and condemn the Parliament for invading his just and rightful Prerogatives; so that what and how many soever they are, they must not expect but that of necessity there will new Answers be made (though upon the old matter) to new objections, which may satisfy all such as out of the over-fineness and sharpness of their wits, will censure whatsoever hath been afore said on a subject long since determined, to be both needless and impertinent; But to conclude; It now only remains, that we proceed to the Law of God and by Scriptural proof to facillitate a reconciliation betwixt Royalists and that party which adheres to the present Government, wherein I shall briefly show first the justness and lawfulness of their cordial submission to the powers in being; secondly, the necessity of their union one with the other, with the profit which thereby will redound to the mutual benefit of the whole Nation, not doubting but that by this little which hath been spoken as concerning the Royal Prerogatives, they may receive some kind of satisfaction, that neither the King's Interests in them were sufficient grounds whereon to lay the foundation of those bloody wars he so long waged against the great Judicature of the Nation, or that they were so valid in Law as to warrant Royalists to assist him to win them by the sword: That controversy being long since decided, and the Power of Government in other hands; yet in a little let us now examine to whom in conscience we all ought to yield our obedience: S. Paul to the Romans 13. on this very subject of obedience to Authority, prescribes this as a general rule to all men, viz. Let every soul be subject to the higher Powers; The reason of this Precept follows, viz. for there is no power but of God; And thereupon he infers, Therefore ye must needs be subject not only for wrath but for conscience sake; and to this he exhorts Timothy to pray for a blessing upon all those in Authority: Now if Royalists make question, (as usually they do) of the lawfulness of the present Authority, and say 'tis usurpatious and unlawful, than they fall foul on God's Oordinance, and they question S. Paul's Doctrine, and contradict the very reason of obedience in the Text, viz. for the powers that are, are the Ordinance of God: Now that this may more evidently appear, upon what a rock Royalists fall, by calling into question the lawfulness of the present powers, I shall entreat them to take it into their second considerations, whether then the Apostle was not out of the way, when he delivered this Doctrine of Obedience to Authority to his Countrymen the Jews, which was in the reigns of Claudius Caesar and Nero, both which came to their powers merely by usurpation and the sword; but these Emperor's being in possession, S. Paul takes no exception (as Royalists do) against their unlawful coming into power, but enjoins obedience to be yielded to them; and can any of them positively and of truth affirm, that the powers of this Commonwealth are not devolved and conferred on the States here by the Ordinance of God? Bucer on this very Text. Rom. 13. says, That when the question is, whom we should obey, we ought not to question, what he is that exerciseth the power, or in what manner he dispenseth it; but it only sufficeth those which live under it that he hath power; for if any man hath obtained power, it's then out of doubt, that he received that power of God; and then without farther scruple, thou must yield thy obedience to him and hearty obey him: And 'tis manifest, that when Christ and john Baptist preached the Gospel, it was at that very time that the Romans by plain Conquest and Usurpation had gotten the possession of all the Territory of judea; neither of them did then teach or dissuade the people from their obedience to them, or that they should not yield submission to those that had Tyrannically obtained their power by the sword; for 'tis plain, Mat. 22. that Christ did teach that Tribute was due unto Caesar, and he himself paid it: Again, Pet. 2. Be ye subject either to the King as Suprem, or unto Governors as those which are sent of him. It would be superfluous longer to insist on this subject, on which so much hath been exposed to the public view; it may therefore suffice without other Arguments than such as our blessed Saviour and his apostles taught and practised, to persuade obedience to powers in ●eing: Only I shall close up this hearty ad●ress to all Royalists with a piece of a Speech delivered by a Learned Gentleman * Mr Thomas Warmistry in the Convocation, 1640. ; viz. The Law of God in Scripture and Reason, is the main and general root and trunk; and all good Laws are banches that grow from thence; and whatsoever humane Constitutions cannot either in a direct line or collateral derive themselves from them, are bastard Issues and shameful to their Parents, and the Lawmakers sins in framing of them; yet the difficulty of Government is to be considered, and many things to be born with; for though they have no ground in God's Law for the injunction, but are merely frivolous, and perhaps burdensome; yet if their Authority disables them to make it, and enjoins me to no Act contrary to my allegiance to God, it is their sin, but my affliction, and must be born as other calamities; for though that law hath no good end, yet my obedience hath; Obedience itself is a good and laudable thing, and I may have the end of maintaining order or preserving peace, and avoiding disturbance in the Church and Commonwealth, of preventing scandal and the like, which are ends prescribed by God's Law to regulate and frame our actions by: All things are not to be turned upside down upon every inconvenience that may be apprehended in a Law, whether it be Ecclesiacal or civil; for besides that there are few that are fit Judges of a Law: that may be unlawful for Governors to command, which yet is not unlawful but expedient for me to obey being commanded; as it was unlawful for Pharaoh to command the children of Israel to make Brick without Straw (as being tyrannons) and so sinful in him, as it was unlawful: but rather commendable in them to obey it as far as they could; and S. Paul will have servants to be obedient unto their Masters, though they be froward and perverse. Indeed, if they enjoin me to do any thing wherein I should offend against God's Laws in the least degree; no pretence of any, though never so many or so great good ends, must make me withdraw my allegiance from him, and pay it to humane powers; The authority of all men is limited, and so must our obedience to them be also. The Supreme power of God is the foundation of all Authority; and therefore our duty unto that must be preferred in the first place, and without all leave or exception whatsoever: peace must be maintained with the rules of piety and trust; and any scandal to my brother, must rather be admitted than I should prevent it without God's leave: The rule of Mr. Calvin is good here, Sicut libertas charitati, ita charitas fidei subjicienda est; yet in this case I am to disobey, as modestly and as inoffensively, and with as much show of reverence to the Magistrate as may stand with our duty unto God; yet resolutely too, not faintly or fearfully, as the three children unto Nabuchadnezzar, Dan. 3. 17, etc. And where we cannot yield obedience, we must yield the third duty of subjection; especially where the Authority is absolute and supreme under God, which may be variously stated according to the Laws and Customs of several Countries and Dominions; then in case we cannot obey, we ought not to resist but suffer, and yield a passive obedience where we may not yield an active one, according to the rule of God's Word, They that resist, shall receive unto themselves damnation. Thus Royalists and all may see the judgement of a Gentleman of temper and learning, concerning obedience to be given to powers and Magistrates in being. I come now to the necessity of Royalists obedience to the present Government, with the profit and security that of course will accrue to themselves and the whole Nation, by their cordial conjuncture and compliance with the present powers; As to the necessity thereof I shall say no more, but that if they continue obstinate and fixed to their erroneous principles, and look back with Lot's Wife, to him that claims as heir to the late unfortunate king, the consequences and sad effects whereof are particularly laid down in the former discourse, if they be not hardened and past understanding, they will make the best of them to tremble to think upon the issues, whensoever he comes in by their assistance (though surely very improbable) and their posterity will doubtless curse the time that ever they had such Fathers as were the unhappy Authors of their invassaladge, and the betrayers of the common freedoms of the English Nation; which of necessity must follow whensover the Scotch Pretender comes in by the sword; so that the necessity of their compliance depends on this hinge only, their present conjuncture with the present establishment, since this state cannot be secure so long as such a numerous party of rotten hearts remains, lurking in all corners of the Land, and lying at catch (on all opportunities) to disturb the present settlement; for prevention whereof, it hath been the advice of none of the worst heads, on their next disturbance or insurrection, to proscribe not only all such as shall be suspected, but to take the course of Justice with those that shall be known actors in any such attempt; neither let any of them think this course strange, since there is no reason to be given to cherish the Viper too long in the bosom of the Nation, lest in the end he eats through the bowels thereof; and as a wise man says, What wisdom or providence can it be for this State to suffer such to live amongst them that will not cooperate, act, and join with the present powers? And what sense is there, that after so bloody and rapacious a war ended, and peace resettled, that if Royalists will, they may live quietly and peaceably, yet cannot forebear to spit their venom against those which have rescued them from invassalage; why then should others be seen in unlawful things for their benefit, which refuse to do right to others and themselves? Gentlemen Royalists, I have now done, and more I would be willing to do for you, may it be to your advantage; but I know not a more ready way thereunto then at least to advise you to sit quiet, or cordially to employ yourselves in the public service. To conclude, I wish you all to call to mind, the late banishment of the Moors, out of the Kingdom of Granado into Africa, for no other cause but that the * Philip the Second. King could not convert them from their Mahometan to the Roman Catholic Religion; a punishment that at best will befall you, whensoever you shall be found contriving of any new disturbance. On this consideration I leave it to yourselves to make judgement whether there be not a necessity of your timely compliance and conjuncture with the rest of the Nation, that stands firm and faithful to the present Authority; under which we are all bound to give God the glory and praise, that since the sheathing of that raging and bloody sword of the late kings, we may if we list live quietly, enjoy the benefit of our old Laws (if not better) and the peace of our own houses in security; blessings which of late years we had not, neither can we ever have them by the way you perserve to walk in, and wish for by re-introducing Regal Tyranny inseparably united to the Sceptres of most Kings, but undoubtedly to all those which are brought in by the power of the sword: from such, that our good God will deliver us, shall be the hearty prayers of Yours, most devoted to serve you in all honest and just Endeavours. T. L. W. FINIS.